Course of Employment

Question 1

Acting against Orders

Answer 1

If employee is doing their job but acts against orders in the way he does it, the employer can be liable. The employer will be liable if they benefit from the act commited.

Question 2

Rose V Plenty

Answer 2

Milkmen told not to use child helpers, Milkman used a boy to help who was injured on job.
Held: The employer was vicariously liable as they were benefiting from the act.

Question 3

Rose V Plenty AO3

Answer 3

P -Unfair on employer as it he prohibited the use of child helpers.
DP - They express the do and don’t of work but the employer still benefitted from the child so he is still liable.
WDP - The child was injured so it could be in favour of the Claimant as they were vulnerable.

Question 4

Employee committing a Negligent Act

Answer 4

Employee does job so badly, employer can liable for the employee’s action that cause injury to another.

Question 5

Century Insurance V Northern Ireland Road Transport Board

Answer 5

A lit cigarette fell on ground at petrol station causing an explosion.
Held: Employer was liable to pay compensation as the driver was doing his job.

Question 6

Frolic of their own

Answer 6

If employee does something outside their area of work or time of work. The employer is not liable.

Question 7

Smith V Stages

Answer 7

Employee was driving back to his place of work after working elsewhere and cause an accident.
Held: Liable as he acting in the course of employment and was being paid during travelling time.

Question 8

Course of Employment AO3

Answer 8

P - Having multiple factors to consider if someone acted in course of employment which can be confusing to Claimant.
DP - Lengthy Litigation in court which can increase the court cost putting a financial strain on C.
WDP - Deter the C from pursuing the claim.