Liability for employees and independent contractors

Overview

Recall 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.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What type of working relationship must exist for vicarious liability to arise?

   Model answer

   There must be an employer-employee relationship, not an independent contractor relationship.

2. 2

   What does the control test examine when determining employment status?

   Model answer

   Whether the employer has the right to control not only what work is done but how it is done.

3. 3

   How does the integration test determine whether someone is an employee?

   Model answer

   It asks whether the worker is integrated into the business organisation or merely an accessory to it.

4. 4

   What factors does the multiple test consider when determining employment status?

   Model answer

   Various factors including control, ownership of tools, method of payment, and economic reality.

5. 5

   Besides establishing an employment relationship, what additional requirement must be satisfied for vicarious liability to apply?

   Model answer

   The tort must be committed in the course of employment.

6. 6

   According to the Salmond test, in what two situations will a wrongful act be considered within the course of employment?

   Model answer

   Either the act was authorised by the employer, or it was an unauthorised mode of doing something authorised.

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