Vicarious liability

• What is the legal responsibility of a third party for another's unlawful actions called?

  Vicarious liability
• Why are employers vicariously liable for their employees' torts?

  Employers can compensate victims and the tort is work-related
• What are the three elements needed to establish vicarious liability?

  A tort was committed, employee status, course of employment
• What is the purpose of the Salmon test?

  To determine if a tort was committed during employment
• What does the Salmon test examine regarding employee actions?

  Whether they were employed to do it and how
• What happens if the Salmon test conditions are satisfied?

  The employer is vicariously liable for the tort
• What is used when there is doubt about employment status?

  The close connection test
• What does the close connection test examine?

  The relationship between employment and tortious conduct
• What are the two questions in the close connection test?

  Is there an employment relationship? Is the tort connected to duties?
• What term describes an employee acting outside the course of employment?

  Acting on a frolic of their own
• What happens if an employer is held liable for a tort?

  They must pay compensation to the victim
• How can an employer recover compensation paid to a victim?

  By deducting wages from the employee
• When is an employer liable without further proof?

  When the tort was committed in course of employment
• Why might an employer be considered at fault in vicarious liability cases?

  Due to hiring practices, inadequate training, or supervision
• Does vicarious liability apply to independent contractors?

  No, it does not apply
• What are the key aspects of vicarious liability?

  • Legal responsibility of employers for employees' torts
  • Employers can compensate victims
  • Three elements to establish liability:

  1. Tort committed
  2. Employee status
  3. Course of employment

  • Tests: Salmon test and close connection test
  • Employers can recover compensation from employees
  • Does not apply to independent contractors