Vicarious Liability

• Define:

  Where a third party has legal responsibility for the unlawful actions of another.
• How to prove:

  1. Was the person alleged to have committed the tort an employee?
  2. Did the employee commit the tort during employment?
• 1. Was the person alleged to have committed the tort an employee?
  2. Control test

  • does employer have right to control employee and their actions?

  2. Integration or Organisation test

  • workers work fully integrated into business? if yes = employee.

  3. Economic Reality or Multiple test

  • employee works in return for wage, employee accepts work and being under control.

  4. All considerations consistent with being contract of employment.
• 2. Did employee commit tort during employment?

  • acting against order (Limpus/Beard)
  • employee committing a criminal act. (Lister)
  • employee committing a negligent act. (Century Insurance)
  • employee acting on a 'frolic' (Hilton/Smith)