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Vicarious liability - Coggle Diagram

- - - - Economic reality test (Market Investigations Ltd v Minister of Social Security)
        
        the degree of responsibility, if any, which he has for investment and management
        
        whether and how far he has an opportunity of profiting from sound management in the performance of his task
        
        the degree of financial risk he takes
        
        whether he hires his own helpers
        
        whether the person uses his own premises and equipment
        
        [NO EXHAUSTIVE LIST]
      - Business on his own account (Ready Mixed Concrete v Minister of Pensions)
      - Degree of control over what they employee does and how they do it [this is a traditional approach]
    - - Agency workers
        
        exception: Hawley v Luminar Leisure
        
        The bouncer wears the Uniform provided by the club
      - Casual workers
        
        Carmichael v National Power
        
        No mutual obligations
      - Arrangements akin to employment
        
        JGE v Portsmouth ROMAN CATHOLIC DIOCESAN TRUST
      - Loaned employee
        
        The permanent employer will be liable
        
        Mersey Docks and Harbor Board v Coggins
        
        Exception: when the temporary employer has a responsibility of control
        
        Viasystem Ltd v Thermal Transfer Ltd
  - - - Rose v Plenty
        
        unless the act had contributed to or provided benefit to the business
      - Bayler v Manchester Railway
    - - Not frolics on their own (Hilton v Thomas Burton)
      - Journeys that are incidental and would give rise to liability to the employer (Smith v Stages)
        
        Travel from one site to another and the travel is part of the job duties
        
        Travelling to work, from their home [expenses covered by the employer]
        
        Deviation from that journey takes them out of the course of employment
        
        Storey v Ashton
        
        Travel from home to an unusual place of work
    - - Limpus v London General Omnibus
        
        racing with a driver from a rival company
      - Iqbal v London Transport Executive
        
        bus conductor drove a bus