Podcast
Questions and Answers
What is the primary justification for vicarious liability?
What is the primary justification for vicarious liability?
- Moral responsibility for workplace outcomes (correct)
- Promoting employee autonomy
- Deterrence through job security
- Enhancing organizational profits
Which of the following is NOT a stage of establishing vicarious liability?
Which of the following is NOT a stage of establishing vicarious liability?
- Financial compensation given (correct)
- Employer-employee relationship established
- Tort committed
- Sufficient connection between tort and relationship
In which situation does an employer typically bear vicarious liability?
In which situation does an employer typically bear vicarious liability?
- When a personal loss occurs at work
- A wrongful act done for personal gain during work hours
- During a lawful company event
- A wrongful act authorized by the employer (correct)
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?
What is the ‘close connection’ test primarily used for?
What is the ‘close connection’ test primarily used for?
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?
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?
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?
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?
What is the main goal of compensation in tort law?
What is the main goal of compensation in tort law?
Which of the following is an example of special damages?
Which of the following is an example of special damages?
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?
Which type of damages cannot be precisely quantified?
Which type of damages cannot be precisely quantified?
How is future loss of earnings calculated under the multiplier method?
How is future loss of earnings calculated under the multiplier method?
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?
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?
Flashcards
Vicarious Liability
Vicarious Liability
A rule that holds an employer responsible for the torts (wrongful acts) committed by their employee, even if the employer wasn't directly involved.
Employer-Employee Relationship
Employer-Employee Relationship
A fundamental requirement for vicarious liability; a connection/relationship where an employer controls or has considerable influence over an employee.
'Course of Employment'
'Course of Employment'
The connection between the employee's actions and their employment duties.
Close Connection Test
Close Connection Test
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Control Test
Control Test
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Economic Reality Test
Economic Reality Test
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Salmond Test
Salmond Test
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Justification for Vicarious Liability
Justification for Vicarious Liability
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Compensation Goal
Compensation Goal
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General Damages
General Damages
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Special Damages
Special Damages
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Lost Amenity
Lost Amenity
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Multiplier Method
Multiplier Method
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Employee Deviation
Employee Deviation
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Death Claims
Death Claims
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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.
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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.
