A number of policy objectives or justifications have been offered for the imposition of vicarious liability as stated by Lord Phillips in Various Claimants v Catholic Child Welfare Society & Others [2012] UKSC at 34, and by Lord Reed in Cox v Ministry of Justice [2016] UKCSC at paragraph 19, in contrast to the arguments that the vicarious liability doctrine was developed to provide a just and pragmatic remedy to victims who suffer as a consequence of the wrongs perpetrated by the employee.
• Critically analyse the above statement including a critical analysis of the modern tests for imposing liability in the light of recent case law. • You should support your analyses with relevant credible authorities
Some of the points you will be expected to cover in your essay include:
• Define vicarious liability distinguish with Non Delegable Duty (Woodland v Essex CC)
• Employer employee relationship test
• Control test
• Close connection test
• “akin to employment” test
• Requirement for tortious act
• Committed in the course of employment test
Key cases include:
• N v Chief Constable of Merseyside Police.
• Century Insurance v Northern Ireland Road Transport Board.
• Cox v Ministry of Justice.
• Catholic Child Welfare Society & Others v Various Claimants.
• JGE v the Trustees of the Portsmouth Roman Catholic Diocesan Trust.
• Mohamud v Morrisons.
• Various Claimants v Barclays Bank.
