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6 Cards in this Set
- Front
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What is vicarious liability |
Where a third person has legal responsibility for the unlawful actions of another. It is commonly seen in the workplace where the employer is responsible for the actions of his or her employee, who acted in the course of his or her employment. |
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How is employee status established |
The economic reality test (Ready Mixed Concrete) sets out 3 conditions the employee agreed to provide work or skill in return for a wage; the employee expressly or impliedly accepts that the work will be subject to the control of the employer; all other considerations in the contract are consistent with there being a contract of employment rather than any other relationship
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Explain relevant other factors that may be considered when testing employee status |
▪︎︎ownership of any equipment ▪︎the method of payment ▪︎how tax is deducted ▪︎job description ▪︎any uniform |
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Where may an employer commit the tort in the course of employment (in relation to acting against orders and criminal act) |
1. Where the employee is doing their job but acts against his orders the employer may be liable (Rose v Plenty), if he is not doing his job the employee may not be liable (Beard v London Omnibus Co) 2. If the employee commits a crime during their work the employer may be liable if there is a 'close connection' between the crime and what the employee was employed to do (Lister v Hesley Hall)
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Where may an employer commit the tort in the course of employment (in relation of 'frolic of his own' and general negligence) |
1. If an employee does a job negligently, the employer can still be liable (Century Insurance Co) 2. If the employee goes on a 'frolic of his own' and so does not act in the course of him employment or do the job that he was employed to do, the employee may not be liable (Hilton v Thomas Burton) |
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What must be shown for vicarious liability |
1. A tort was committed 2. The tortfeaser was an employee 3. The tortfeaser was acting in the course of their employment General negligence may have to be established first against the employee (duty of care, breach; objective standard of care test and remoteness of damage; causation) |
