... if three requirements are present; (1) has loss/injury occurred as a result of Controle's actions?, (2) is Controle an employee? (3) was Controle acting in the course of his employment? The first requirement is satisfied, as whilst driving Controle has collided with another car, and caused injury. Secondly, we must ensure that Controle is an employee. We must distinguish whether he is employed under a contract "of" service or a contract "for" services. This distinction is important, employers not usually being vicariously liable for the acts of independent contractors (Salsbury v Woodland)8. There are numerous tests which can establish whether Controle is an employee,9 however, with reference to the case of (Ready Mixed Concrete ( South East ) Ltd v Minister of Pensions and National Insurance)10, it was held that three conditions must be satisfied for a contract of service to exist11. Although Mr Loaded exercises a degree of control, the ...

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