Evalution Of Vicarious Laibility

Question 1

What are the four parts of Eva

Answer 1

Damages distribution
Test on establishing employment status
Test on course of employment
Tort basic fault principle

Question 2

What act links to damages distribution

Answer 2

civil liability (contribution) act 1978

Question 3

Employees are more likely to do what?(damaged distribution)

Answer 3

To have the financial means to compensate a victim. victims may not otherwise be able to claim damages

Question 4

What are all employers required to do with damage distribution?

Answer 4

Required to have liability insurance anyways that indicating public policy support employers can claim back compensation from employees via civil liability act

Question 5

What case links to test on establishing employment status?

Answer 5

JGE v Portsmouth RCDT

Question 6

Morden form of employment has been what (test on establishing employment status)

Answer 6

has ‘outgrown’ the traditional legal test developed. Modern form of employment is flexible working hours, zero hour contracts, and remote learning.

Question 7

What is the more flexible test in testing on establishing employment status?

Answer 7

JGE v Portsmouth RCDT that may be unfair to employer

Question 8

The viasystmes might also render what (test on establishing employment status

Answer 8

An employer liable even if someone else was ultimately in control however if the work benefits employer should they not take some responsibility?

Question 10

What are the links on test on course of employment?

Answer 10

Lister and Mohamud

Question 11

What is meant by test of course employment are employers liable(criminal act)

Answer 11

Mohamud employers liable for criminal act. For balancing fairness. Employers clearly did not encourage criminal act.

Question 12

Vulnerable victim, how are they compensated when tests on course employment?

Answer 12

Vulnerable victims of crimes contrast with Barclays 2020 and Morrisons 2020 employees not compensated

Question 13

What is meant by tort basic fault principal?

Answer 13

Underpinning tort is the basic principal fault meaning only those that are blameworthy out to be liable

Question 14

Why does VL does not fix nicely with tort basic fault principle

Answer 14

Does not fit nicely with VL where, more often than no, employers have done all they can to avoid the discussed outcomes. Meaning how could the employer in Mohamud guard against an employee punching someone

Question 15

strict liability nature of vicarious liability encourages what?

Answer 15

Encourages safe working practice thus delivering a social benefit