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Vicarious Liability in Tort Law

I'm having issues understanding whether I should just choose one of the tests out of the four when determining the employer to employee relationship. Am I meant to apply all of the tests and make a decision or Am I only supposed to apply one that fits the situation?

Reply 1

Are you trying to determine whether a person is or is not an employee? If so, the test is a multi-factor test. Or are you trying to determine whether an act or omission was in the course of a person's employment? If so, this may assist -

https://legalresearch.blogs.bris.ac.uk/2023/08/vicarious-liability-and-course-of-employment-in-the-uk-supreme-court-and-high-court-of-australia/#:~:text=This%20%E2%80%9Ctailored%E2%80%9D%20test%20was%20contrasted,ordinary%20course%20of%20his%20employment.

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