all vicarious liability cases Flashcards

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1
Q

what are the three requirements for vicarious liability

A
  1. tortfeasor was an employee
  2. tort was committed within the course of their employment
  3. act or omission was a tort
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2
Q

what are the three tests to establish employment

A

control test
integration test
economic reality test

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3
Q

what are the three tests to establish employment

A

control test
integration test
economic reality test

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4
Q

case for control test

A

hawley

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5
Q

case for integration test

A

evans and mcdonald

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6
Q

case for economic reality test

A

ready mixed concrete

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7
Q

what are the three scenarios when an employer will be liable when a tort is committed within the course of employment given by which judge

A

lord salmon

  1. when employer authorises wrongful act
  2. when tortfeasor completes authorised act in an unauthorised way
  3. when tortfeasor is purely careless
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8
Q

case for wrongful act being authorised

A

poland

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9
Q

case for authorised act being completed in an unauthorised way buses

A

limpus

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10
Q

case for authorised act in unauthorised way milkman

A

plenty

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11
Q

case for train person assaulting passenger in attempt to do their job

A

bayley

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12
Q

case for frolic of their own involving driving van despite orders not to

A

beard

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13
Q

case for frolic of their own involving an unauthorised break

A

hilton

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14
Q

case for frolic of his own involving giving a hitchhiker a lift

A

twine

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15
Q

what is the close connection test

A

relationship ‘akin to one of employment’ and tort ‘closely connected to employment’

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16
Q

close connection case with bouncer

A

mattis- stabbing closely connected to instruction to intimidate customers

17
Q

closely connected case priest sexual assault

A

maga- nature of work gave the potential for abuse so closely connected

18
Q

closely connected case involving nun school

A

JGE

19
Q

close connected case where employers were not liable

A

N v merseyside police

20
Q

case where tortfeasor racially abused customer

A

mohamud v morrisons supermarket

21
Q

case for independent contractors

A

barclays bank