Vicarious Liability

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Vicarious Liability - form of strict liability

Who is an employee?

- employee or independent contractor

3 tests:

Control test: employee is told both what and how to do - Walker v Crystal Palace Football Club

Integration test: involved with the core business

Multiple test:

- paid on salary or commission

- ability to delegate work

- having to use own vehicle / equipment

Ready Mix Concrete v Minister of Pensions

Course of employment - authorised act

Century Insurance

- Employer is liable for an authorised act by employee, even if carried out in a manner which is expressly forbidden - Limpus v London general omnibus

Unauthorised - not part of their job - Beard v London general omnibus