Vicarious Liability is when someone is made responsible for the torts of another.
A worker is someone who perfoms services in return for payment. There are two types of workers...
Employee: works under a contract of service
Independent contactor: works for themselves
The courts use a number of factors to establish who a worker is...
Control test: an independent contractor is told what to do while an employee is told not only what to do but how to do it
Integration test: the more closely a worker is involved within the core business of the employer, the more likely he is to be an employee.
Multiple test: (Ready Mix Concrete- considers a number of factors)
Three factors must exist for a worker to be an employee...
Control: the employer is in charge of the work being carried out
Personal Performance: the worker cannot delegate his job to somebody else (Echo)
Mutuality of Obligation: the employer has a legal obligation to pay the worker and the worker has a corresponsing obligation to be available to work within the terms of the contract.
Acting in the course of their employment
Centruy Insurance: the employer was vicariously liable for damage as the employee…