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vicarious liability - Coggle Diagram
vicarious liability
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close connection
Lister v Hesley Hall - sexual abuse at school for difficulties, SC - VL as meant to look after vulnerable children but failed
1) has to be a relationship - has to be 'right' in law for one should pay for fault of another - Cox v Ministry of Justice - prisoner negligent with rice, SC - Ministry of Justice held accountable for actions, should have been supervising him
Mattis v Pollock - bouncer involved in fight and claimant intervened, bouncer returned after leaving with knife and stabbed claimant, CoA held VL as what he did was so closely connected to what his employer expected - 'supposed to manhandle and intimidate customers'
2) has to be close or sufficient connection between what was done and the relationship between tortfeasor and defendant - Mohumud v Morrisons Supermarket - racially abused, battered, boss attempted to intervene, SC (public importance), Mr.Khan hadn't taken off uniform so rep. of Co so Morrisons sued
Maga v Trustees of Birmingham Archdiocese - church held liable for sexual assault of 12 year old boy, courts held that nature of the role of priest gave opportunity to engage in abusive activities
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Lord Salmond
1) was person who committed tort an employee, 2) did the party commit the alleged tort 'during the course of their employment' or on a 'frolic of his own'? 3) was the act/omission a tort (employers not liable for other crimes committed usually)
employee status - tax, national insurance, uniform, lanyard, pension, company car - signify employment relationship
cases
all considerations in the contract are consistent with there being a contract of employment rather than any other relationship - Ready Mixed Concrete - drove vehicles that were only allowed to be used on company business, economic reality was that they were employed
viasystems ltd v thermal transfer - a worker can have more than one employer at the same time, who will be vicariously liable for the worker.
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