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Vicarious liability (Compulsory travel (driving to and from work - not in…
Vicarious liability
Compulsory travel
- driving to and from work - not in the course of employment, even if the vehicle is provided by the employer Smith v Stages
- if the contract provides that an employee must use the transport provided by employer - in the course of employement
- travel btw 2 places of work/paid for the time travelling - in the course of employment
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Who is an employee?
- employees - work under a contract of service
- contractors - work under a contract for services
the courts will look at all the circumstances of the particular case, including the level of control
Ready Mixed Concrete v Minister of Pensions - a person was an employee if:
- the person agreed to provide work and skill for the employer in return for payments;
- they agree to be subject to the employer's control
- the other terms of the contract are consistent with the exercise of a contract of service (payment of NI taxl, who owns tools, buys materials)
Agency workers
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Lending employees - criteria to apply (Mersey Docks and Harbour Board v Coggins & Griffiths)
- the workers permanent employer would be usually vicariously liable (unless they can show a good reason for not doing so);
- who had the immediate right to control the emplouee's methods of working
- whose responsibility it was to prevent the act of negligence
- who paid the worker and who had the right to dismiss them
On a frolic of his own
if an employee does sth for his own benefit, his employer will not be liable
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Indemnity
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employer can sue the employee to cover some or all damages he has paid in respect of the employees' wrongdoings (indemnity)
Lister v Romford Ice and Cold Storage
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