Vicarious Liability

Vicarious Liability

1. Employee

   • Individual who is paid for thier services
     • LIABLE: Mersy Docks v Coggins & Griffith - Harbour board liable for contracted crane drivers negligence as they paid him a wage and had control
   • Work specific hours - part/full time, temporary, voluntary
   • Self-employed
     • LIABLE: Ferguson v John Dawson - C who was a self employed labourer fell off roof & injured himself. Employer had control over C even though he was self employed (still an employee).
   • Someone who is controlled by an employer
     • NOT LIABLE: Collins v Hertfordshire County Council - employer could not control how the surgeon performed his duties
   • Someone you can select & dismiss
     • LIABLE: Cassidy v Ministry of Health - surgeon was an employee as employer could select & dismiss
   • Could work for one company and supervised by another
     • LIABLE: Viasystems v Thermal transfer - both companies had control over employee, liability equally shared

2. Vicarious liability is the liability which falls on one person (employer) as a result of another persons actions (employee).

   • Employer vicariously liable if the tort has been committed by an employee in course of emloyment

3. Economic Test determines what is an employee outlined in Ready Mixed Concrete v MPNI

   • Payment of a wage
   • Whether tools for job are provided by the employer
   • Whether worker has to obey orders
   • Exercise self control over the way work is done

4. Course of employment

   • Employer liable if wrongdoing occured in the course of employment
     • LIABLE: Century Insurance v Northern Ireland Road Transport - Tank driver smoked cigarette whilst petrol was being transferred (caused explosion). Driver acting in course of employment
   • Authorised acts carried out in an unauthorised manner
     • Employee is doing what they are meant to do, but they act in a way not in their job description
       • LIABLE: Vasey - Doormen of club chased & assaulted C. Club held vicariously liable.
       • LIABLE: Rose v Plenty - Boy infured whilst milkman took 13yr old boy on round. Employers liable as he was still doing the job he was meant to be doing.
   • When employee commits a tort whilst doing a job outside their job description - EMPLOYER NOT VICARIOUSLY LIABLE
     • NOT LIABLE: Iqbal v London Transport Executive - Bus conductor drove bus after being told not to. Employers not vicariously liable as driving the bus was something he was not employed to do.
   • Includes activities carried out during normal hourse of work, as well as activites closely connected.

5. Extension of the Workplace (Closely linked)

   • LIABLE: Ruddiman & Co v Smith - Employee went to wash hands after end of working day (resulted in overflow). Employers vicariously liable as activities were closely connected
   • LIABLE: Station v National Coal Board - Collecting wages at end of working day, held within course of employment
   • Liablilty of employees travelling to/from work
     • Most journeys outside course of employment unless they receive travel expenses
       • LIABLE: Employee injured whilst travelling home due to other emoloyee driving negligently (Received travel expenses)

6. Frolics of their own

   • Employer not VL for activities performed by an employee which has no relevance for the job they're employed to do
     • NOT LIABLE: Heasmans v Clarity Cleaning - C contracted to clean but made long distance phone calls costing £1400. Unauthorised act = No liablity
     • NOT LIABLE: Stoney v Ashton - Wine driver took detour to collect cask and ran over C. Employer not VL as this was soemething he was not meant to be doing.