Vicarious Liability

Question 1

What is Vicarious Liability?

Accepted Answer

1. Is when D is responsible for the tort of another

Answer

2. Is when D is responsible for his brother

Question 2

To establish vicarious what three requirements must be met?

Accepted Answer

1. C must suffer injury due to the tort

Accepted Answer

2. There must be a relationship between the person who commits the tort the tortfeaser T and D the claimant

Accepted Answer

3. Must be a connection between tortious act/omission and the relationship

Question 3

When these are met what happens?

Accepted Answer

1. D is liable for the tort even if D isn't at fault

Answer

2. D isn't liable and T Is

Question 4

Second  requirement …………………………….              Is usually what kind of relationship

Accepted Answer

2. Relationship between the employer and employee

Answer

1. Relationship between the Claimant and defendant

Question 5

The usual test is the what test?

Accepted Answer

1. Control Test

Answer

2. Salmond Test

Question 6

Who came up with this test?

Accepted Answer

2. Bramwell B in Yewens v Noakes 1880

Answer

1. Mr Salmond

Question 7

What did he say that an employee is?

Accepted Answer

2. Someone who can be told what to do and how to do it

Answer

1. A person who can be commanded

Question 8

Give an example of a case that highlights this

Accepted Answer

2. Hawley V Luminar Leisure 2006

Answer

1. Hawley v Liverpool Leisure

Question 9

However, when the situation is more complex what test may be used?

Accepted Answer

3. Multiple Test

Answer

1. Rose v Plenty Test

Answer

2. Lister Test

Question 10

What does this test mean that the judge will do?

Accepted Answer

1. The judge will look at multiple factors to decide if T is an employee

Answer

2. The judge will declare that if T knows more than his employer his employer is automatically liable

Question 11

In Ready Mixed Concrete v Minister of Pensions and NI what factors showed the judge that T was not an employee.

Accepted Answer

1. T owned the vehicle

Accepted Answer

2. Maintained the vehicle

Accepted Answer

3. Could hire another driver to do the work

Answer

4. Was bringing in more customers than D

Answer

5. Made up his own rules and orders

Question 12

Other very important factors that the judge will look at when deciding the multiple test are:

Accepted Answer

1. Control- Is the employer in charge of the worker and the work being done?

Accepted Answer

2. Personal Performance- The work is the sort that be delegated to another T is more likely to be an employee if so

Accepted Answer

3. Mutuality of obligation- If both parties have obligations to each other e.g worker abiding by contract employer paying then he's more likely to be an employee

Question 13

Other factors the court may consider include:

Accepted Answer

1. Is paid a regular salary or on commission

Accepted Answer

2. Pays tax as an employee or as a self employed person

Accepted Answer

3. Can delegate his work to another without permission

Accepted Answer

5.Would be personally affected by his own management decisions

Accepted Answer

6. Uses his own premises, equipment and helpers

Answer

4. Can contact his own customers

Question 14

Third requirement …………………………..

Accepted Answer

2. There must be a connection between the tortfeasors act and the relationship

Answer

1. There must be a connection between the tortfeasor and the act committed

Answer

3. There must be a connection between the tortfeasors omission and his employee status

Question 15

To show that the tort was committed when T was doing their job there are two requirements what are they?

Accepted Answer

1. b) a wrongful and unauthorised mode of doing an act authorised by a master

Accepted Answer

2. a) It is a wrongful act authorised by the master

Question 16

According to what test?

Accepted Answer

2. Salmond Test

Answer

1. Lister Test

Question 17

Example case includes

Accepted Answer

2.Century insurance v Northern Ireland Road Transport Board

Answer

1. Express and Echo Publications v Tanton

Question 18

In Various v Claimants CCWS the court found that in the cases where there is wrongdoing by employees a close connection exists if:

Accepted Answer

2. D is in a position to use the employee to further business interests

Accepted Answer

3. D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing

Answer

1. D abused T

Question 19

Why was D not Vicariously Liable in Lister v Hesley Hall according to the Salmond test?

Accepted Answer

1. D was not vicariously liable when applying the Salmond test because T was committing an unauthorised act by abusing boys in his care

Answer

2. T wasn't vicariously liable because he commit an authorised act by doing his job

Question 20

What is the lister test?

Accepted Answer

1. Where the acts of the employee are very closely linked to his employment making it fair and just for the employer to be liable

Answer

2. Where the employer doesn't become liable for an unauthorised act T commits

Question 21

What did the courts decide in Lister?

Accepted Answer

2. It was decided that Torts had been committed on premises when T should have been caring for the children. A close enough connection established that D was vicariously liable

Answer

1. That T had completed an unauthorised act and D was not liable for such a tort

Question 22

What did the courts find in Various Claimants v CCWS?  In Various v Claimants CCWS the court found that in the cases where there is wrongdoing by employees a close connection exists if:

Accepted Answer

1. D is in a position to use the employee to further business interests

Accepted Answer

2. . D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing

Answer

D abused T

Question 23

When should you apply the Lister test?

Accepted Answer

2. For criminal torts

Answer

1. For other torts

Vicarious Liability

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