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Employer's Liability (Vicarious Liability (Who is an employee? (Market…

- - - - Even for an independent contractor
      - Even for an act which falls outside the course of employment
        
        Hudson v Ridge: practical joker pulled pranks on colleagues and injured one of them
  - - - Provide instructions and warnings
      - Ensure they are observed
      - Set out and organise work properly
- - - - Deep Pocket Theory
      - Can spread costs amongst a wider group of people
    - - Encourages safer selection of employees
    - - Employer gets economic benefit from the employees' work
  - - - Different considerations should be made including:
        
        How/When is the worker paid
        
        Who pays the national insurance contributions
        
        Who fixes the time/place of work
        
        Who provides work equipment and materials
        
        Who hires any helpers required for the job
        
        Who has the responsibility for investment and management
        
        Who is taking the financial risk
  - - - Employer more likely to have means to compensate
      - Tort committed as a result of activity undertaken on part of the employer
      - Employee's activity part of the business activity of the employer
      - Employment combined with the business activity has created the risk of the tort being committed
      - Employee will, to a greater or lesser degree, be under the control of the employer
      - Led to some controversial decisions
        
        Cox v Ministry of Justice [2016]: Held vicariously liable for a prisoner working in a prison kitchen
        
        Armes v Nottinghamshire [2017]: Council held liable for foster parents
  - - - Acts for employees own comfort, convenience or benefit
        
        Century Insurance v N Ireland Roads [1942]: petrol tanker driver smoking on his break caused an explosion
      - Acts which are expressly prohibited
        
        Twine v Bean's Express (1946): Specifically told not to pick up hitch-hikers but did anyway and resulted in injuring one