VICARIOUS LIABILITY WRITING FRAME D= Defendant, X= Employee that committed tort
The Defendant could be liable under the area of law known as Vicarious Liability.
This is liability imposed on a party for torts committed by others.
For D to be held vicariously liable for the tort of X, it must first be established that X is an employee.
Firstly we apply the control test.
If D has control over the work done by X, as well as controlling hours worked and powers of dismissal, X is more likely to be an employee.
In this case, because D has control over the work done by X, as well as X's hours and D also has the power to dismiss X, X is more likely to be an employee.
Due to the specialized nature of many jobs, we must also apply the Economic Reality Test (Ready Mixed Concrete).
Here we need to establish whether there is a contract of employment between D and X. If X receives a regular salary where D is responsible for tax and national insurance payments, it is more likely that X is an employee.
If however, X is paid in a lump sum and responsible for his own tax and national insurance payments, providing his own tools and responsible for hiring staff, it is more likely that X is an independent contractor and therefore not an employee.
Thats just the first bit for Vicarious Liability. Hope this helps !