Vicarious liability

• Vicarious liability


  Liability for someone else e.g. employees

  3 elements:

  1. A tort must have been committed by the tortfeasor(employee)
  2. There must be a relationship of employment between the tortfeasor and the D
  3. The tort must occur in the course of employment
• 1. A tort must have been committed by the tortfeasor(employee)


  For example being negligent or creating a nuisance
• There must be a relationship of employment between D and tortfeasor

  1. The control test -did the employer have the right to control what the employee did
  2. The integration test- considers how integrated an employees work was
  3. The economic reality test - various factors which may indicate the tortfeasor is employed\
• 3. The tort must occur in the course of employment


  Actions regarded as the course of employment:

  1. Authorised acts - employee doing a task they have been authorised to do
  2. Authorised acts done in a way that is prohibited or negligent - employee does an act they are forbidden to do but does so in the course of executing their contractual duties
  3. Criminal acts that are closely connected e.g. shouting abuse at work (Muhammad v Morrisons)
• Actions not regarded as the course of unemployment

  1. Unauthorised act
  2. Acts undertaken outside of the employment remit
  3. Criminal acts that are not closely connected