Vicarious Liability {This is not a tort, its an add on to see if the employer should take responsibility.}
- Created by: Owais360
- Created on: 15-04-14 14:17
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- Vicarious Liability {This is not a tort, its an add on to see if the employer should take responsibility.}
- Tortfeaser has commited an earlier tort
- Tortfeaser is an employee
- Economic reality test
- Servant provides services for some remuneration from Master
- Master has sufficient control over servant
- All other terms of contract suggest contract of service- e.g tools, method of payment, tax, NI
- Economic reality test
- Tort feaser commited tort in the course of employment
- How it is done is irrelevant
- Forbidden manner, Negligent Manner, Unauthorised lifts (if to D's benefit)
- How it is done is irrelevant
- Tortfeaser commited outside the course of employment
- Unauthorised act
- Act is expressly forbidden
- Tortfeaser on a frolic of his own
- Unauthorised act
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