Vicarious liability 'Within the scope of employment'.

Front

Define what is meant by a 'frolic of his own'.

Back

A frolic of his own refers to the fact that an agents misconduct is not to be regarded as within the course of his employment, if it is purely conducted for personal gratification only.

Front

When can the criteria of 'within the scope of employment be met? Why?

Back

-If the agent's misconduct directly benefits the employer's mission - Rose.

-If the misconduct was indecorous, but was nevertheless a means for the agent to perform his duties. - Petterson, Mohamad. *Check your notes on the case of Auckland.

• -If the misconduct had a close connection with the agent's duties, and if the duties themselves accumulated the risk of the misconduct happening.

Front

When can a 'close connection between the agent's duties and the misconduct' be proven? Why?

Back

-When the duties of the agent are inherently intertwined with the harmful act that he took part in - Lister v Hesley Hall.

-*Come back to the rest of your notes on the case of Lister v Hesley Hall as they were not relevant to this flashcard question.

Front

When will the criteria of 'within the scope of employment, not be met? Why?

Back

-When the agent is conducting the harmful act, purely for personal gratification, and not in any way for the benefit of the employer - Various Claimants.

• -When the claim involves damages that are substantially less serious than sexual abuse - Lister v Hesley Hall.