Vicarious Liability

• Vicarious Liability: a third person has liability for the unlawful actions of another
• Economic Reality Test - Ready Mix Concrete

  • Whether a wage is being paid
  • Who provides the tools/equipment
  • Whether the worker must obey orders
  • Who controls how the work is being done
  • The power to hire/fire
• Akin To Employment - Christian Brothers Case

  • The employer is more likely to have insurance/be able to compensate the victim
  • The act is committed on behalf of the employer
  • The employee's activity is likely to be part of the employer's business activity
  • By employing the employee, the employer created the risk of the act being committed
  • The employee is under the control of the employer
• Barclays Bank - There is a connection between the relationship and the D's wrong doing
• Morrisons Supermarkets plc - Whether the acts are so closely connected with what they were authorised to do that it is during the course of employment
• Intentional torts/crime can still be during the course of employment - Mohamud v Morrisons
• Abuse of children can still be during the course of employment, were they committed on the premises? - Lister v Hesley Hall
• Went against orders can be during the course of employment if there is a benefit to the employer - Rose v Plenty
• Acting negligently can be during the course of employment as long as it is still connected to the job role - Century Insurance
• Motive of D - any act that is done to deliberately harm someone cannot be closely connected - Morrisons Supermarket
• Frolic of your own - not closely connected as you are doing something to your benefit, not the employer - Hilton v Thomas Burton