vicarious liability

• vl is where a person is held responsable for the torts of another person
• barclays bank - liability arrises when there is a position akin to employment and there is a close connection between employment and tort
• element 1 - akin to employment
• there is no liability for an independant contractor - barclays
• control test - told what to do and when - yewens v noakes
• includes borrowed or hired workers - hawley
• integration test - stevenson jordan
• economic reality test - ready mix concrete
• if employment status is unclear then christian brothers case is applied
• christian brothers - employer has means to compensate v - act was committed by employee on behalf of - employer created risk by hiring employee
• viastems - more than one employer can be liable
• element 2 - sufficiently close connection
• lister v hall - introduced close connection test
• dubai aluminium - close connection is the starting point
• cox v moj - organisation doesn't have to make a profit to be liable
• muhammed v morrisons - what was the nature of the job - was there a connection
• armes v nottingham - is the role integral to the business
• rose v plenty - acts against employers wishes
• twine v beans - acts under the wishes
• centry insurance - liable if job done negligently
• frolic employer not liable - hilton v burton
• liable if paid frolic - smith v stages