Vicarious Liability


Vicarious Liability is when someone is made responsible for the torts of another. 

A worker is someone who perfoms services in return for payment. There are two types of workers...

Employee: works under a contract of service

Independent contactor: works for themselves 

The courts use a number of factors to establish who a worker is...

Control test: an independent contractor is told what to do while an employee is told not only what to do but how to do it

Integration test: the more closely a worker is involved within the core business of the employer, the more likely he is to be an employee. 

Multiple test: (Ready Mix Concrete- considers a number of factors) 

Three factors must exist for a worker to be an employee...

Control: the employer is in charge of the work being carried out

Personal Performance: the worker cannot delegate his job to somebody else (Echo)

Mutuality of Obligation: the employer has a legal obligation to pay the worker and the worker has a corresponsing obligation to be available to work within the terms of the contract. 

Acting in the course of their employment

Centruy Insurance: the employer was vicariously liable for damage as the employee


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