Only vicariously liable where there is some connection between the act and the employment, it was done within the scope of employment Requirement has been interpreted broadly Even if wrongful and unauthorized (or forbidden) may not limit liability Expressly prohibiting something doesn’t stop liability These only work where the prohibition forbids ANY work of a particular type, rather than forbidding a way of doing a type of work or manner of doing that work (CPR v. Lockhart) If it’s a wrongful manner of doing what they’re supposed to be doing, will be liable T.G. Bright & Co. v. Kerr For intentional torts, there can be strict liability, and scope of employment was extended through test in Bazley v. Curry: If the employer’s enterprise placed the employee in a position that increases the risk of the act, they can be vicariously liable When deciding, look at the following factors a) opportunity afforded employee to abuse power b) extent wrongful act may have furthered employer’s aims c) extent to which wrongful act was related to friction, confrontation, or intimacy inherent in employer’s enterprise d) extent of power conferred on employee compared to victim e) vulnerability of victim If sufficient connection, vicariously liable
Only vicariously liable where there is some connection between the act and the employment, it was done within the scope of employment Requirement has been interpreted broadly Even if wrongful and unauthorized (or forbidden) may not limit liability Expressly prohibiting something doesn’t stop liability These only work where the prohibition forbids ANY work of a particular type, rather than forbidding a way of doing a type of work or manner of doing that work (CPR v. Lockhart) If it’s a wrongful manner of doing what they’re supposed to be doing, will be liable T.G. Bright & Co. v. Kerr For intentional torts, there can be strict liability, and scope of employment was extended through test in Bazley v. Curry: If the employer’s enterprise placed the employee in a position that increases the risk of the act, they can be vicariously liable When deciding, look at the following factors a) opportunity afforded employee to abuse power b) extent wrongful act may have furthered employer’s aims c) extent to which wrongful act was related to friction, confrontation, or intimacy inherent in employer’s enterprise d) extent of power conferred on employee compared to victim e) vulnerability of victim If sufficient connection, vicariously liable