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Tort Law - VL

Vicarious Liability

QuestionAnswer
What is Vicarious Liability? When employers are liable for the torts of their employees (Strict Liability)
What are the public policy reasons for imposing liability on employers? Employer more likely to have means of paying comp, ensures they are held accountable for their employees
What is test for VL? (1) Employee/Rel Akin to Employment (2) Close Connection test (3) Salmond Test
What is the Salmond Test? (1) tort must be a wrongful act authorised by employer or (2) wrongful and unauthorised mode of doing something authorised by employer
What is meant by the term, 'going on a frolic of their own'? no close connection between what they were doing and what they were employed to do
Limpus v London Omnibus Co Bus driver caused accident from driving - closely connected to employment
Beard v London Omnibus Co Bus conductor caused accident from driving - not closely connected to employment
Rose v Plenty 13-year old injured working for milkman - liable. Scarman: "Principle of VL is one of public policy"
Hilton v Thomas Burton Employee was on a 'frolic of his own' when returning van so not liable
Lister v Helsey Hall Employer (school) liable for employing sexually abusive warden
Mohamud v Morrison Racially abusive petrol station cashier - liable - merely bad way of doing what he's employed to do
Bellman v Northampton Recruitment (not essential) Nature of discussions alike work-meeting so close connection - liable
Morrisons v Various Claimants Persuing personal vendetta (publishing private info) so no close connection - not liable
Ready Mixed Concrete v Minister of Pensions Test to determine if you are an employee: (1) Economic reality test (2) Control Test
Barclays Bank v Various Claimants Doctor is an independant contractor not employee - not liable
Christian Brothers Case Abusive religious teachers in 'relationship akin to employment' with institute - liable
Armes v Nottinghamshire CC Abusive foster parents in 'relationship akin to employment' with council - liable
Cox v Ministry of Justice 'relationship aking to employment' between prisoners working in kitchen and Ministry of Justice so liable
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Created by: Oscar.G
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