Vicarious Liability

What Vicarious Liability covers

When one party answers for a tort committed by another.

The 2 subtopics

Each one has its own page.

• The nature and purpose of vicarious liabilityRecall questions on what vicarious liability is, how it serves compensation, deterrence and loss distribution, why employers are better placed to bear the cost, and criticisms that it imposes liability without fault and is hard to predict.Open →
• Liability for employees and independent contractorsRecall questions on the control, integration and multiple tests for employment status, the Salmond test for the course of employment, a frolic of his own, and the close connection test from Lister v Hesley Hall for intentional torts.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 another's tort 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 an 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

   A form of strict liability where an employer is held liable for torts committed by their employees during the course of employment, even though the employer is not personally at fault.

2. 2

   Why does vicarious liability benefit claimants in terms of obtaining compensation?

   Model answer

   It ensures claimants have a financially viable defendant who can satisfy any judgment.

3. 3

   How does vicarious liability encourage employers to improve workplace practices?

   Model answer

   It encourages employers to maintain high standards of employee selection, training and supervision.

4. 4

   What is a key criticism of vicarious liability relating to fault?

   Model answer

   It imposes liability on a party who is not personally at fault, which may be considered unjust.

5. 5

   Why might vicarious liability create difficulties for employers in predicting their legal exposure?

   Model answer

   The boundaries of course of employment can be uncertain, creating unpredictability for employers.

6. 6

   What competing interests does vicarious liability seek to balance?

   Model answer

   Compensating victims against the unfairness of holding blameless employers liable.

What is inside Levo

Six ways to work the same material.

Vicarious Liability revision questions

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

2 subtopics: the nature and purpose of vicarious liability and liability for employees and independent contractors. Each one has its own page with questions and model answers.

How is Vicarious Liability organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.