the employment contract and vicarious liability Flashcards
Which ONE of the following statements is TRUE?
a. Most employment law disputes are heard in the County Court.
b. An employment contract does not need to be in writing.
c. An employment contract does need to be in writing.
b. An employment contract does not need to be in writing.
Which ONE of the following sections of the Employment Rights Act 1996 requires an employer to provide an employee with a written ‘statement of initial employment particulars?
a. Section 1 b. Section 2 c. Section 3 d. Section 4
a. Section 1
Which ONE of the following statements is TRUE?
a. An implied term is one which is expressly included in the employment contract.
b. An express term is one which is expressly included in the employment contract.
c. Only the employee must sign an employment contract before it becomes valid.
d. An employment contract requires Employment Tribunal approval before it becomes valid.
b. An express term is one which is expressly included in the employment contract.
Regarding vicarious liability, which ONE of the following statements is correct?
a. Both employer and employee can be liable. Both are vicariously liable.
b.Both employer and employee can be liable. The employer would be vicariously liable, and the employee would be personally liable.
c. Only the employer is ever liable and will be held both vicariously and personally liable.
d. Only the employer is ever held to be liable.
b. Both employer and employee can be liable. The employer would be vicariously liable, and the employee would be personally liable.
Which of the following outlines the rationale for holding employers vicariously liable for torts committed by employees?
There is more than one correct answer
a. There is no point in having a system where only employees are liable because most will not be worth suing – it is better for the risk to be borne by those with greater ability to pay.
b. It is reasonable to expect individual employees to bear the full risks of activities which they are carrying out for the benefit of their employers.
c. Holding employers vicariously liable is more likely to make them take steps to ensure that their employees do not commit torts.
d. It is reasonable to impose liability on employers because they usually exercise a significant degree of control over their employees and derive significant benefit from their activities.
. There is no point in having a system where only employees are liable because most will not be worth suing – it is better for the risk to be borne by those with greater ability to pay.
b. It is reasonable to expect individual employees to bear the full risks of activities which they are carrying out for the benefit of their employers.
d. It is reasonable to impose liability on employers because they usually exercise a significant degree of control over their employees and derive significant benefit from their activities.
