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Vicarious Liability - Coggle Diagram

- - - - Boyle v Ferguson car salesman accompanied by 2 women crashed was held to be within scope - hours and method of sales flexible, petrol paid for - giving right impression
      - Smith v Stages employees working miles away, left early, travel expenses paid, crashed on way home - employer liable - paid expenses, on employers time - reasonably incidental to employment
  - - - simple version
        
        is relationship akin to employer employee relationship
        
        was tort commited by wrongdoer within scope of employment
      - complication version (criminal acts
        
        is relationship akin to employer employee relationship
        
        close connection between tort and nature of employment
    - - assault
        
        Elmontem v Nethercross & Roganstown Golf Club close connection test for assault, plaintiff worked as financial controller for golf club, attacked by a chef, not vicarious liability - no close connection between employment and tortious act
        
        Mohamud v Morrison altercation in store with employee, than attacked him outside, sufficient connection as connected with serving customers - unbroken chain
    - - Balzey v Curry more liberal approach- signficiant connection between creation or enhancement of risk and wrongs even if unconnected to employers desires
  - - - look at the nature of relationship and if its similar to types of relationship traditionally give rise to vicarious liability
      - legal relationship and degree of control liable
      - HSEs sub contractor, various quality assurance, standards set on what achieved - not far enough that involved in directing labs about their duties - no vicarious liability imposed
      - critical of fair just and reasonable
    - - 5 factors
        
        easier for employer to compensate as more likely insured
        
        tort commited due to activity for employer
        
        employees activity part of employers business
        
        employer created risk by employing employee
        
        employee under control of employer
      - criteria designed to impose liability when fair, just and reasoanble