Podcast
Questions and Answers
What is the primary justification for vicarious liability?
What is the primary justification for vicarious liability?
Which of the following is NOT a stage of establishing vicarious liability?
Which of the following is NOT a stage of establishing vicarious liability?
In which situation does an employer typically bear vicarious liability?
In which situation does an employer typically bear vicarious liability?
Which test assesses whether the employer has control over the employee's actions?
Which test assesses whether the employer has control over the employee's actions?
Signup and view all the answers
What is the ‘close connection’ test primarily used for?
What is the ‘close connection’ test primarily used for?
Signup and view all the answers
Which of the following factors is NOT considered in the Economic Reality Test?
Which of the following factors is NOT considered in the Economic Reality Test?
Signup and view all the answers
Which incident is NOT part of the five incidents established by Lord Phillips in the Christian Brothers case?
Which incident is NOT part of the five incidents established by Lord Phillips in the Christian Brothers case?
Signup and view all the answers
Which of the following best describes the control test in the context of vicarious liability?
Which of the following best describes the control test in the context of vicarious liability?
Signup and view all the answers
In which scenario is an employee likely to be acting within the course of employment?
In which scenario is an employee likely to be acting within the course of employment?
Signup and view all the answers
What is the main goal of compensation in tort law?
What is the main goal of compensation in tort law?
Signup and view all the answers
Which of the following is an example of special damages?
Which of the following is an example of special damages?
Signup and view all the answers
When is liability unlikely to attach to an employer regarding an employee's actions?
When is liability unlikely to attach to an employer regarding an employee's actions?
Signup and view all the answers
Which type of damages cannot be precisely quantified?
Which type of damages cannot be precisely quantified?
Signup and view all the answers
How is future loss of earnings calculated under the multiplier method?
How is future loss of earnings calculated under the multiplier method?
Signup and view all the answers
In the case of a claimant who is unconscious, which type of claim can still be made?
In the case of a claimant who is unconscious, which type of claim can still be made?
Signup and view all the answers
Which of the following expenses can an estate claim for a deceased person?
Which of the following expenses can an estate claim for a deceased person?
Signup and view all the answers
Study Notes
Vicarious Liability
- Vicarious liability isn't a tort itself; it's a rule holding a defendant responsible for another's tort.
-
Justification: Loss distribution, deterrence through discipline, moral responsibility or fairness.
- Employers gain benefits (moral enterprise liability) so should bear the consequences.
Employer-Employee Relationship
- Crucial: Must be an employer-employee relationship or one 'akin to employment.'
-
Tests
- Control test: Employer's control over what the employee needs to do, not how.
- Economic reality test: Independent contractor or employee? Factors like purchasing supplies, providing equipment, profit/loss potential (fixed salary) point toward employment.
- Other factors: Mutuality of obligation, financial risk, relationship length & stability.
-
Christian Brothers 2012 (Lord Phillips): Five incidents indicate employment-related vicarious liability:
- Means to compensate (e.g., insurance)
- Activity benefits the employer
- Tort is part of business activity
- Tort creates risk (e.g., vulnerability of children)
- Employer's control (e.g., schools over teachers).
- Modern approach: The courts now consider all facts, not solely these tests.
Tort Committed in the Course of Employment
- "Course of employment": Was the tort sufficiently connected to the relationship?
-
Criteria
- Wrongful act authorized by the employer?
- Wrongful, unauthorized mode of doing an authorized act?
-
Relevant factors
- Time & place (working hours/premises)
- Purpose (benefit employer or personal?)
- Connection to duties (reasonably linked?)
Close Connection Test (Lister v Hesley Hall)
- Used when the Salmond test isn't met, especially for intentional torts.
- This test needs a "strong causative link" between the employment and the tort.
- It considers the "field of activities" or "functions" entrusted to the employee.
Examples (Course of Employment)
- Driving for work: Accidents while delivering goods are in the course of employment; personal errands during work are likely not.
- Acts of violence: Disputes connected to work (e.g., bouncers) may be considered course of employment; unrelated/personal acts are not.
- Deviations ("Frolics"): Significant unauthorized deviations from duties may not lead to employer liability.
Damages in Vicarious Liability Claims
- Goal: Put the injured party as close as possible to the position if the tort never happened. (Lim v Camden AHA)
-
Types:
- General damages: Loss of future earnings, pain & suffering (non-quantifiable).
- Special damages: Medical expenses, prior loss of earnings (quantifiable).
- Court Considerations: Fair, just, reasonable consideration.
- Pain & suffering: No claim for pain while unconscious, but can for financial loss or loss of amenity in various situations.
- Loss of Amenity: Claimable even for unconsciousness, indicating loss of enjoyment of life. (Lim Poh Choo)
- Financial damages: Multiplier method: (Years of loss x annual loss = Future loss of earnings)
- Death case: Estate can claim loss of income, medical expenses, non-pecuniary loss, and funeral expenses.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz explores the concept of vicarious liability, particularly in the context of employer-employee relationships. It examines the legal principles and tests used to determine liability in such situations, drawing insights from landmark cases and ethical considerations.
