Vicarious Liability - Paper 2

Question 1

What is Vicarious Liability?

Answer 1

When a third party is responsible for the actions of another, often seen in employer/employee relationships

Question 2

How many parties are involved in a Vicarious Liability claim?

Answer 2

Three:
1) Tortfeasor
2) Defendant
3) Claimant

Question 3

Which case clarified the two-stage test for VL?

Answer 3

Trustees of Barry Congregation v BXB

Question 4

What is the first stage of VL?

Answer 4

We must decide if T is an employee or an independent contractor (self-employed)

Question 5

Which case established the multiple test used for traditional employer/employee relationships?

Answer 5

Ready Mixed Concrete v Minister of Pensions

Question 6

What factors are considered under the multiple test?

Answer 6

1) Whether a wage is being paid with tax and national insurance deductions

2) Who provides the tools and equipment for the job

3) Whether the worker has to obey orders

4) The exercise of control over how the work is being done

Question 7

What do we do in doubtful cases?

Answer 7

Use the akin to employment test, established in the Christian Brothers and then refined in Cox v Ministry of Justice

Question 8

Which factors are used under the akin to employment test?

Answer 8

1) By assigning activities to T, D created the risk

2) The activities are an integral part of the business activities

3) The activities were carried out for D’s benefit

Question 9

Which case that if T is an independent contractor they will not be vicariously liable?

Answer 9

Barclay’s Bank v Various Claimants

Question 10

What is Stage 2 is vicarious liability?

Answer 10

Whether the employee’s acts were so closely connected with acts the employee was authorised to do that it may be regarded as being done in the course of his employment (Morrisons v Various Claimants)

Question 11

Which case held an employer will still be liable even if the employee commits an intentional criminal act closely connected to T’s course of employment?

Answer 11

Mohamud v Morrisons

Question 12

What was the decision in Lister v Hesley Hall?

Answer 12

D was vicariously liable for T’s actions of abusing the children as it was so closely connected with the act he was authorised to do, disciplining and supervising the boys

Question 13

Which case held the employer will be liable even if the employee acted in an unathorised way?

Answer 13

Rose v Plenty

Question 14

What was the decision in Century Insurance?

Answer 14

D was responsible for the actions of T even though T committed a negligent act because it was ‘closely connected’ to what he was authorised to do, which was waiting whilst petrol was being transferred during his delivery

Question 15

What is the key case for an intentional tort committed at a social event?

Answer 15

Bellman v Northampton Recruitment

Question 16

What is the key case for a non-intentional tort committed at a social event?

Answer 16

Cancer Research

Question 17

What was held in Storey v Ashton?

Answer 17

If the employee commits a frolic of their own by doing something which is completely unrelated to what they should be doing, this will not be held to be within the course of their employment

Question 18

Which case held that when travelling to and from work, on a special mission, an employer may be vicariously liable for negligence of employees

Answer 18

Smith v Stages