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Vicarious Liability (What Is Vicarious Liability (Vicarious Liability…

- - - - Century Insurance v NI Transport Board - Whilst delivering petrol, he lit a cigarette and threw away the match. The resulting explosion damaged the claimant’s property. The HL held that even though lighting the cigarette was done solely for the employee’s benefit, the act should be treated as an improper mode of the employee doing what he was employed to do, as he was carrying out his authorised duties.
- - - - This means that of he is told how/what to do, he will be regarded as an employee
      - Hawley v Luminar Lesire
  - - - Workers bought their vehicles from the company to deliver concrete
      - They could only use them for work purposes and had to follow the employer's reasonable orders
      - Court ruled they were not employees as they were responsible for the vehicle and could hire another driver if they were ill
    - - Is the employer in charge of the worker and the work they have done?
    - - If the work is of the sort that it can't be delegated to anyone else, they are likely to be an employee
      - Express & Echo Publications v Tanton (1999)
    - - Both worker and employer owe obligations to each other
      - Carmichael v National Power
        
        Worker was a tour guide at a coal-fired power station
        
        The company would contact her when they wanted her to work but she could refuse
        
        She was paid hourly for the work she did
        
        Court held she was not an employee as there were no obligations