VICARIOUS LIABILITY
1 Tort feasor is an (traditional tests)
.
employee
y Control test
Mersey Docks
y
Integration test Jordan Harrison V Mcdonald & Evans
l economic
reality/multiple test Ready Mix Concrete
.
2 Relationship akin to employment
y Modern test Catholic Brothers Barclays
1) D more likely has means to pay compensation
2)Fort committed as a result of activity being undertaken on
behalf of the D
3) D's activitylikely to be part of D's business
is
1) D has risk of the fort
by employing tortfeasor
5)D maintains a degree of control over the tortfeasor
Close connection test-courts check Whether there was
a sufficiently close connection
between the employees field of activities
and the tort Mohamudv Morrisons
. must be
3 during their course of employment
In course : out course :
Y authorised acts 4) acts not
part of the job
I authorised ↳ frolic on
, done in a negugent way their own
acting against orders can still be in the course of employment
Limpus v London Rosev Plenty
1 Tort feasor is an (traditional tests)
.
employee
y Control test
Mersey Docks
y
Integration test Jordan Harrison V Mcdonald & Evans
l economic
reality/multiple test Ready Mix Concrete
.
2 Relationship akin to employment
y Modern test Catholic Brothers Barclays
1) D more likely has means to pay compensation
2)Fort committed as a result of activity being undertaken on
behalf of the D
3) D's activitylikely to be part of D's business
is
1) D has risk of the fort
by employing tortfeasor
5)D maintains a degree of control over the tortfeasor
Close connection test-courts check Whether there was
a sufficiently close connection
between the employees field of activities
and the tort Mohamudv Morrisons
. must be
3 during their course of employment
In course : out course :
Y authorised acts 4) acts not
part of the job
I authorised ↳ frolic on
, done in a negugent way their own
acting against orders can still be in the course of employment
Limpus v London Rosev Plenty
