MLL213 Study Guide - Final Guide: Canterbury-Bankstown Bulldogs, The Employer, Income Tax
24 May 2018
School
Department
Course
Professor
4b Vicarious Liability
Employer Liability for Employee’s:
Employer vicariously liable for tortious acts by an employee
Deep pokets a just ad patial eedy. Eployee eais pesoally liale as the
eploye ad eployees liaility is joit ad seeal. To peeuisites:
- A relationship of employer and employee
- The employees actions were in the course of employment or reasonably incidental
thereto
1. Employee vs Independent Contractor
a. The relationship between the employee and the employer can allow the
court to see whether the employee was working with the employer or
independently. Examples:
i. Requirement to wear a uniform
ii. Promoting business
iii. Freedom to refuse work
iv. Income tax deductions
2. Course of Employment
a. Wrongful mode of performing an authorised act vs an authorised act which
the employee was not employed to perform. The employer is only liable
when the employee performs an authorised act in an unauthorised way.
Canterbury Bankstown Rugby League Football Club v Rogers
b. Not liable when employee performs outside of the scope of employment
i. TEST:
1. Was the eployees tot so losely oeted ith the
employment that imposition of vicarious liability is justified.
a. Employer liable where the employment created or
increased the risk of the commission of the tort, not
just where the employment merely provided the
opportunity for the commission of the tort. Gleeson CJ
in NSW v Lepore.
Hollis v Vabu:
• Vs ouies oed ad aitaied thei o iyles. Oe hit a pedestia i the ouse of
his duties.
• V was found vicariously liable for the negligence of its bicycle courier.
find more resources at oneclass.com
find more resources at oneclass.com
