JSB171 Final: LWB148 Torts Notes
Document Summary
Vicarious liability: vicarious liability is legal responsibility imposed on an employer, even though he himself is free from blame, for a tort committed by his employee in the course of his employment. Relationship (employer/employee: an employer is liable for the tortious conduct of an employee committed in the course of employment. Broom v morgan: an employer is not liable for the tortious conduct of an independent contractor even if the contractor was undertaking duties for the party. Northern sandblasting v harris: just because a relationship has been categorised as not being employer/employee for another purpose doesn"t mean the court won"t still attribute vicarious liability. Hollis v vabu i. e cyclists working for an employer were held to be independent contractors in a taxation case, but were held to be employees for tortious purposes. Fridge mechanic was described independent contractor, was actually found to be employee: employer/ employee relationship may still exist where the employment is gratuitous or infrequent.
