vicarious liability how to answer question

• 1). definition - Vicarious Liability (VL)

  A way of imposing liability on a Defendant for a tort committed by a third party
• Establishing an employer-employee relationship

  1. Does not apply to independent contractors - Barclays Bank v Various Claimants

  2. Control - Mersey Docks v Coggins - harbour controlled how he did his work

  3. Integration - Stevenson, Jordan & Harrison

  4. Economic reality - Ready Mixed Concrete v Minister of Pensions (looks at the whole working relationship and whether this is consistent with there being a contract of employment. Since lorry drivers owned their lorries and were responsible for running costs they were considered independent contractors)

  5. Relationships akin - Catholic Child Welfare Society v BXB hierarchical structure, activities in furtherance of the objectives of the organisation, conduct themselves in accordance within the rules

  6. Cox v MoJ (rehabilitation, benefited the prison despite being compulsory)
• 3). Employees must be closely connected to their work and undertake actions during the course of employment
• 3).“Frolic” of their own (outside course of employment)

  Hilton v Thomas Burton (employer not VL when workers took an unauthorised break)
• 3).Acting against orders

  • Limpus v London General Omnibus (bus company VL even though told drivers not to race)
  • Beard v London General Omnibus (conductor he drove bus)
• 3).Acting negligently

  Century Insurance v NI Transport Board
• 3).Criminal actions

  • Mattis v Pollock (bouncer)
  • Barry Congregation of Jehovah’s Witnesses v BXB (church elder’s rape of a congregation member was not closely connected to his role in working for the JWs as it was more an abuse of his friendship)
• 4).Civil Liability (Contribution) Act 1978

  Employer can recover any compensation paid out from employee by deduction in wages
• 4).More than one employer can be held vicariously liable