Vicarious Liability (AQA A-Level Law): Flashcards

Two-stage test for course of employment

1. Nature of job 2) Close connection between position & conduct

Morrison Supermarkets 2020 - personal vendetta effect

Did not satisfy close connection test; not furthering employer

Frolic of their own meaning

Employee acting outside course of employment

Vicarious liability fault requirement

No fault - no fault needs to be proved against employer

Civil Liability (Contribution) Act 1978 allows

Employer to recover compensation from employee via wage deduction

Deep pockets principle in vicarious liability

Victims can obtain compensation from defendant with resources

Traditional rule on independent contractor liability

Only liable for employees, not independent contractors

Cox v Ministry of Justice 2016 outcome

Prisoner treated as 'employee' - relationship akin to employment

Barclays Bank 2020: independent business test

If tortfeasor runs own independent business, no vicarious liability

Mohamud v WM Morrison 2016 - assault case result

Yes - sufficient connection between role and wrongful conduct