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Vicarious liability - Coggle Diagram
Vicarious liability
To establish vicarious liability against an employer,claimant must show 3 things
Tortfeasor (employee/worker) must be must be an employee or in a postion akin to an employee
Traditional tests for establishing that the tortfeasor is an employee=
Integration test
Closer the worker to the core business more likely to be an employee
Cox vMoJ
Economic reality (multiple) test
Different factors e.g employee agree to provide work,employee accepts the work
Ready mix concrete v minister of pensions
Control test
Employee told what to do and how
Walker v Crystal palace
Akin to employment
CBC,Armes
Tort must occur in the course of employment
Non-intentional torts-Salmond test (e.g negligence)
Authorised in an unauthorised manner-Limpus v LGO
Employer liable
Unauthorised act-Beard V LGO
Employer not liable
Intentional torts-Close connection test (trespass to a person-crime)
CBC criteria-is relationship capable of giving rise to vicarious liability
was there a sufficiently close connection between the tortious act and relationship between defendant and the tortfeasor
That the tortfeasor (employee/worker)has committed a tort
Limpus v London general omnibus-Negligence (driver in manner explicity told not to)
Non-intentional torts eg negligence
Intentional torts eg criminal offences e.g trespass to a person
Poland v Parr
Vicarious liability is when the law makes one person liable for a tort committed by another
Strict liability tort-not fault based