Vicarious Liability

Vicarious Liability

Employee
1. Individual who is paid for thier services
  1. LIABLE: Mersy Docks v Coggins & Griffith - Harbour board liable for contracted crane drivers negligence as they paid him a wage and had control
2. Work specific hours - part/full time, temporary, voluntary
3. Self-employed
  1. LIABLE: Ferguson v John Dawson - C who was a self employed labourer fell off roof & injured himself. Employer had control over C even though he was self employed (still an employee).
4. Someone who is controlled by an employer
  1. NOT LIABLE: Collins v Hertfordshire County Council - employer could not control how the surgeon performed his duties
5. Someone you can select & dismiss
  1. LIABLE: Cassidy v Ministry of Health - surgeon was an employee as employer could select & dismiss
6. Could work for one company and supervised by another
  1. LIABLE: Viasystems v Thermal transfer - both companies had control over employee, liability equally shared
Vicarious liability is the liability which falls on one person (employer) as a result of another persons actions (employee).
1. Employer vicariously liable if the tort has been committed by an employee in course of emloyment
Economic Test determines what is an employee outlined in Ready Mixed Concrete v MPNI
1. Payment of a wage
2. Whether tools for job are provided by the employer
3. Whether worker has to obey orders
4. Exercise self control over the way work is done
Course of employment
1. Employer liable if wrongdoing occured in the course of employment
  1. LIABLE: Century Insurance v Northern Ireland Road Transport - Tank driver smoked cigarette whilst petrol was being transferred (caused explosion). Driver acting in course of employment
2. Authorised acts carried out in an unauthorised manner
  1. Employee is doing what they are meant to do, but they act in a way not in their job description
    1. LIABLE: Vasey - Doormen of club chased & assaulted C. Club held vicariously liable.
    2. LIABLE: Rose v Plenty - Boy infured whilst milkman took 13yr old boy on round. Employers liable as he was still doing the job he was meant to be doing.
3. When employee commits a tort whilst doing a job outside their job description - EMPLOYER NOT VICARIOUSLY LIABLE
  1. NOT LIABLE: Iqbal v London Transport Executive - Bus conductor drove bus after being told not to. Employers not vicariously liable as driving the bus was something he was not employed to do.
4. Includes activities carried out during normal hourse of work, as well as activites closely connected.
Extension of the Workplace (Closely linked)
1. LIABLE: Ruddiman & Co v Smith - Employee went to wash hands after end of working day (resulted in overflow). Employers vicariously liable as activities were closely connected
2. LIABLE: Station v National Coal Board - Collecting wages at end of working day, held within course of employment
3. Liablilty of employees travelling to/from work
  1. Most journeys outside course of employment unless they receive travel expenses
    1. LIABLE: Employee injured whilst travelling home due to other emoloyee driving negligently (Received travel expenses)
Frolics of their own
1. Employer not VL for activities performed by an employee which has no relevance for the job they're employed to do
  1. NOT LIABLE: Heasmans v Clarity Cleaning - C contracted to clean but made long distance phone calls costing £1400. Unauthorised act = No liablity
  2. NOT LIABLE: Stoney v Ashton - Wine driver took detour to collect cask and ran over C. Employer not VL as this was soemething he was not meant to be doing.

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