Vicarious Liability Structure
Vicarious Liability
Monday, January 12, 2015
10:00 PM
Vicarious Liability is where one person is held liable for the torts of another.
This is usually where an employer is liable for the torts of employee.
For the employer to be liable:
i) A tort, (such as negligence, battery or even in breach of statutory duty (Majrowski v Guys and St Thomas's NHS Trust 2007)) ii) committed by his employee, iii) during the course of employment.
• Original defendant (employee) must be liable in tort first
Prepared by S. M. Akash www.facebook.com/smakash111 The Tests for Employment Status
Various tests have been developed to determine whether or not someone is an employee rather than an independent contractor (selfemployed) - these include the 'control' test, the 'indicia' test, and the 'organisation' (or integration) test.
The most modern test is the 'economic reality' test - all factors should be considered and there importance weighed.
Ready Mixed Concrete v Minister of pension and National Insurance (1968)
1) There is an agreement to provide skill IN RUTURN FOR A WAGE
2) The hirer exercises a degree of control over the worker
3) The terms of the agreement between them are not inconsistent with an employment relationship
The wrongdoer is likely an independent contractor.
There is usually no liability for torts of the independent contractor . Ellis v Sheffield Gas
No
[ Employers may be Vicariously Liable if the independent contractor has been hired by the employer for the purpose of carrying out the tort ]
It's rare but possible to recover loss from employee.
Lister v Ramford Ice 1957
In some cases, it is possible for the owners to be liable for torts committed in cars that they have lent to tortfeasor Morgans v Launchbury 1973
YES
NO
Does the employee commit a crime which either:
*involve dishonesty(fraud) Lloyd v Grace Smith 1912 ; and
*also to crime generally Warren v Henleys 1948 ; or
*is an offence against the person which is closely connected with the work and there
Monday, January 12, 2015
10:00 PM
Vicarious Liability is where one person is held liable for the torts of another.
This is usually where an employer is liable for the torts of employee.
For the employer to be liable:
i) A tort, (such as negligence, battery or even in breach of statutory duty (Majrowski v Guys and St Thomas's NHS Trust 2007)) ii) committed by his employee, iii) during the course of employment.
• Original defendant (employee) must be liable in tort first
Prepared by S. M. Akash www.facebook.com/smakash111 The Tests for Employment Status
Various tests have been developed to determine whether or not someone is an employee rather than an independent contractor (selfemployed) - these include the 'control' test, the 'indicia' test, and the 'organisation' (or integration) test.
The most modern test is the 'economic reality' test - all factors should be considered and there importance weighed.
Ready Mixed Concrete v Minister of pension and National Insurance (1968)
1) There is an agreement to provide skill IN RUTURN FOR A WAGE
2) The hirer exercises a degree of control over the worker
3) The terms of the agreement between them are not inconsistent with an employment relationship
The wrongdoer is likely an independent contractor.
There is usually no liability for torts of the independent contractor . Ellis v Sheffield Gas
No
[ Employers may be Vicariously Liable if the independent contractor has been hired by the employer for the purpose of carrying out the tort ]
It's rare but possible to recover loss from employee.
Lister v Ramford Ice 1957
In some cases, it is possible for the owners to be liable for torts committed in cars that they have lent to tortfeasor Morgans v Launchbury 1973
YES
NO
Does the employee commit a crime which either:
*involve dishonesty(fraud) Lloyd v Grace Smith 1912 ; and
*also to crime generally Warren v Henleys 1948 ; or
*is an offence against the person which is closely connected with the work and there