Liability for Torts ‘Closely Connected’ to Employment (OCR A-Level Law): Flashcards

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Liability for Torts 'Closely Connected' to Employment
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Traditional scope of vicarious liability

Torts by employees within employer/employee relationship

Tortfeasor definition

Person committing the tort

Christian Brothers case (2012) established

Framework for relationships 'akin to employment'

Cox v MOJ (2016) key holding

Prisoners can be in relationship akin to employment

Lady Hale's fundamental question (Barclays 2020)

Is tortfeasor in own business or akin to employment?

Independent business exception

If tortfeasor operates independently, no vicarious liability

Mohamud v Morrison (2016) principle

Personal motive doesn't exclude liability if connection exists

Joel v Morison (1834) 'frolic' concept

Minor deviation vs complete abandonment of employment duties

Morrison Supermarkets (2020) distinction

No liability if act disconnected from employment duties

Course of employment requirement

Tort must have close connection to employment relationship

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