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Vicarious Liability - Acting in the course of Employment - Coggle Diagram
Vicarious Liability - Acting in the course of Employment
Acting against orders
employer can still be liable
Limpus v London General
employer liable as driver doing what employed to do, even if against orders
Rose v Plenty
dairy vicariously liable as milkman doing his job even though disobeying orders
Twine v Beans Express
employers not liable as driver doing unauthorised act + employers gaining no benefit from it
Acting outside employment
employer not liable
Employee committing criminal act
employer may be liable to V of crime if close connection between crime + what employee employed to do
Lister v Hesley Hall
House of Lords decided close connection between warden's job + assaults as assaults carried on school premises whilst looking after the children
N v Chief Constable of Merseyside Police
employer not liable as no close connection between D's employment + sexual assaults because D had merely used police uniform to gain trust + abuse that
Mattis v Pollock
nightclub vicariously liable for bouncer's actions as encouraged to use force, be violent + intimidating + actions closely connected to his work
Employee committing negligent act
employer can be liable for injury caused to another is employee does job badly
Century Insurance Co. Ltd v Northern Ireland Road Transport Board
employer liable as driver doing job even though negligently by throwing lit match on ground near petrol
Employee acting on a frolic of their own
employer not liable if employee causes injury/damage something outside time or area of work
Hilton v Thomas Burton (Rhodes) Ltd
employers not liable as workmen on unauthorised 'frolic' of their own + not acting in the course of employment
Smith v Stages
employer vicariously liable as employee acting in course of employment because he was being paid during travelling time