Vicarious Liability

What Vicarious Liability covers

When one person answers for another's tort: employment status, the close connection test, and the policy reasons for imposing liability on an employer.

The 2 subtopics

Each one has its own page.

• What Vicarious Liability IsRecall questions on the meaning of vicarious liability, why it is secondary, the first requirement and how it secures compensation.Open →
• Employment Status and the Close Connection TestRecall questions on the economic reality factors, whether any is decisive, what the close connection test decides and liability for intentional wrongs.Open →

What you need to know

Answer each one before you reveal it.

Take Vicarious Liability further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Vicarious liability vs Primary liability

  Vicarious liability: liability imposed on one party for the tort of another because of their relationship. Primary liability: liability for one's own act or omission.

• Employee vs Independent contractor

  Employee: a worker under a contract of service, for whom the employer may be vicariously liable. Independent contractor: a worker under a contract for services, for whom liability generally does not arise.

• Close connection test vs Course of employment

  Close connection test: whether the tort is so closely connected to the employment that liability is fair. Course of employment: whether the act was a wrongful mode of doing authorised work.

Questions from this topic

Each one with the model answer underneath.

1. 1

   What is vicarious liability?

   Model answer

   Vicarious liability is a form of strict liability where one party is held legally responsible for the torts committed by another party, typically an employer for the acts of an employee.

2. 2

   Why is vicarious liability described as secondary liability?

   Model answer

   Because the employer is held liable even though they have committed no wrong themselves; their liability derives from the wrongdoing of another person (the employee).

3. 3

   What is the first requirement that must be established for vicarious liability to arise?

   Model answer

   The tortfeasor must be an employee, or in a relationship akin to employment.

4. 4

   How does vicarious liability help ensure victims can obtain compensation?

   Model answer

   It ensures victims have a solvent defendant to claim against, as employers typically have greater financial resources or insurance than individual employees.

5. 5

   Explain how vicarious liability achieves loss distribution across society.

   Model answer

   The cost of accidents is spread across society through the pricing of goods and services, as employers factor potential liability costs into their business operations.

6. 6

   How does vicarious liability incentivise employers to reduce tortious conduct?

   Model answer

   It encourages employers to maintain high standards of employee selection, training and supervision to minimise the risk of employees committing torts.

What is inside Levo

Six ways to work the same material.

Vicarious Liability revision questions

What does Vicarious Liability cover in AQA A-Level Law?

2 subtopics: what vicarious liability is and employment status and the close connection test. Each one has its own page with questions and model answers.

How is Vicarious Liability organised?

By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.