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Tort
> Employers' Liability: Basic Principles > Flashcards
Employers' Liability: Basic Principles Flashcards
Study These Flashcards
1
Q
Is C an employee?
A
Same test as vicarious liability i.e. from Ready Mixed Concrete and Warner Holidays.
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Tort
(37 decks)
Duty of Care: History and General Rules
Policy Considerations
Duty of Care: Recognised Categories (Emergency Services)
Standard of Care
Breach of Duty
Causation
Remoteness
Defences
Employers' Liability: Basic Principles
Employers' Liability: Duty of Care
Employers' Liability: Standard of Care
EL: Breach: Safe place of work
EL: Breach: Safe system of work
EL: Breach: Failure to provide competent employees
EL: Breach: Causation
EL: Remoteness
EL: Defences
Problem Category: Pure Omissions
Problem Category: Failing to prevent 3rd party causing harm
Exception to 3rd Party Rule: Vicarious Liability
Exception to 3rd Party Rule: Special Relationships
Exception to 3rd Party Rule: Proximity between D and 3rd Party
Exception to 3rd Party Rule: Creation of a danger
Exception to 3rd Party Rule: Dangers on D's premises
Problem Category: The Police
Problem Category: Local Authorities
Problem Category: Armed Forces
Problem Category: Rescuers
VL: TORT COMMITTED BY ANOTHER?
VL: EMPLOYMENT RELATIONSHIP? (Remuneration)
VL: EMPLOYMENT RELATIONSHIP? (Control)
VL: EMPLOYMENT RELATIONSHIP? (Other contractual provisions)
VL: Relationship akin to Employment
VL: Lending Employees
VL: IN THE COURSE OF EMPLOYMENT? (pre-2016)
VL: IN THE COURSE OF EMPLOYMENT? (what falls outside)
VL: IN THE COURSE OF EMPLOYMENT? (Close connection test)