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Case: Cox v Ministry of Justice (2016)
Vicarious liability can be imposed, in the absence of a traditional employer – employee relationship if a number of factors are proven.
1. The tort was committed as a result of activity being undertaken by the tortfeasor on behalf of the defendant.
2. The tortfeasor’s activity is likely to be part of the business activity of the defendant.
3. The defendant, by employing the tortfeasor to carry on the activity, will have created the risk of the tort committed by the tortfeasor.
The courts may also consider the fact that the employer is likely to be insured and the employer maintains a degree of control over the employee but these factors are not as significant.