Topic 13: Employers' Liability

Question 1

What is the difference between NDD and VL?

Answer 1

NDD = Personal liability of the employer for a breach of their own duties, VL = Liability that is imposed on the employer for actions or omissions of a TP

Question 2

Are NDD and VL torts?

Answer 2

No; they are only means to establish liability, they are not torts individually

Question 3

Is the duty in NDD positive or negative?

Answer 3

It is a positive duty (special relationship)

Question 4

Is the duty in VL positive or negative?

Answer 4

It is a negative duty (common DoC)

Question 5

What are the defining features of a NDD?

Answer 5

1. C is vulnerable and dependent (e.g. child or patient) 2. There is a prior relationship between D & C 3. C has no control over how D chooses to perform their obligations 4. D has delegated to TP some integral part of their positive duty 5. TP was negligent in performing D’s duty, not some other way

Question 6

When does liability arise in VL?

Answer 6

When the act or omission of the TP was in the course of employment AND closely connected with employment

Question 7

What did the case of Various Claimants decide for VL?

Answer 7

It gave a 2-stage test; 1. Consider the relationship of D and tortfeasor and see if it gives rise to VL, 2. Is there a connection between the relationship of D and tortfeasor and the act or omission of the tortfeasor

Question 8

What are the elements for Independent Contractors in VL?

Answer 8

1. In business of their own account 2. Entrepreneur test