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Law Second Year > Tort Law - Vicarious Liability > Flashcards

Tort Law - Vicarious Liability Flashcards

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1
Q

What case suggests geographical component to close connection test, when compared with Bazley?

A

Jacobi v Griffiths

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2
Q

What case highlighted deterrence as a possible justification for VL?

A

Bazley v Curry

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3
Q

Hall v Lorimer general

A

Visions mixer

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4
Q

Salsbury v Woodland judgment on extra-hazardous

A

COULD be done safely

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5
Q

Hall v Lorimer JUDGMENT

A

Independent because bore risk of bad debts

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6
Q

LJ Black in NA

A

No NDD bc diversion, and wouldn’t hypothesise

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7
Q

Dacas v Brook Street

A

Contractual description not determinativ

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8
Q

Hawley v Luminar Leisure judgment

A

No DVL because lender had no control, so just borrower

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9
Q

Agency method only supported by minority

A

Sweeney v Boylan

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10
Q

What two factors from VC v CC were considered unlikely to be weighty in Cox v MoJ?

A

Control and means of E

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11
Q

What judge in what case preferred non-delegable duty analysis to majority?

A

Lister v Hesley Hall, Lord Hobhouse

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12
Q

Century Insurance v Northern Ireland general

A

Petrol delivery, mtach

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13
Q

Mattis v Pollock general

A

Flamingo

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14
Q

Lister v Hesley Hall judgment

A

Look to close connection, then FJR - unauthorised mode unhelpful

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15
Q

What case confirmed relationship akin not confined to sexual abuse?

A

Cox v MoJ

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16
Q

In what case did Lawton LJ think more attention should be paid to parties’ intention in contract

A

Ferguson v John Dawson

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17
Q

General Engineering v Kingston and St Andrews judgment

A

Complete negation of obligation, so no VL. Motive relevant.

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18
Q

What case showed W doing something not for E’s benefit not fatal to VL claim?

A

Century Insurance v Northern Ireland

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19
Q

Name at least 2 academics who find the loss distribution argument insufficient?

A

Atiyah; Stevens; Morgan

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20
Q

Jacobi v Griffiths judgment

A

No VL

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21
Q

Mohamed v Morrisons judgment

A

Seamless, instinctive, don’t come back

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22
Q

Two benefits of going through tort law as opposed to relying on social security benefits/NHS?

A

Tort higher than social security and E may have insurance

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23
Q

Is VL fault-based?

A

No

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24
Q

Salsbury v Woodland judgment on highway

A

Not ON highway, NEXT to

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25
Q

What did LJ May say to determine if DVL appropriate in Viasystems v Thermal Transfer?

A

Who had control/responsibility to prevent the act

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26
Q

Rice prison officer

A

Cox v MoJ

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27
Q

What was Hobhouse critical of in Lister?

A

Reliance in Bazley on policy factors as not legal tests - non-delegable duty

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28
Q

Sickness, replace

A

Weddall v Barchester

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29
Q

A (A child) v MoD

A

DICTA hospital non-delegable duty to patients

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30
Q

Visions mixer

A

Hall v Lorimer

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31
Q

Who called ‘non-delegable duties’ a ‘logical fraud’?

A

Williams

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32
Q

Go slow

A

General Engineering v Kingston and St Andrews

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33
Q

Why did the ‘relationship akin to employment’ category arise?

A

Concern over physical and sexual abuse by members of religious organisations

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34
Q

What case emphasised control is only one factor?

A

Market Investigations

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35
Q

Graham v Commercial Bodywork general

A

Car repair, flammable on E overalls

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36
Q

Name at least 6/8 of the non-delegable duties from Alcock v Wraith

A

R v F, statute, support of neighbouring, escape of fire, highway, patient - hospital/school - child, extra-hazardous acts & safety to employees

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37
Q

Viasystems v Thermal Transfer judgment

A

DVL allowed because integrated into both

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38
Q

How were damages apportioned in Viasystems?

A

50/50

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39
Q

Various Claimants v Catholic Child general

A

Christian brothers teaching

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40
Q

McDermid v Nash Dredging judgment

A

Complete negation of system

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41
Q

Graham v Commercial Bodywork judgment

A

Outside scope because employment didn’t involve force/aggression/friction

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42
Q

Lister v Romford Ice and Cold Storage

A

Employer (D2) can sue employe (D1) to recoup damages

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43
Q

Fleming’s two fundamental concerns of VL

A

Just and practical remedy; right and just to bear the harm

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44
Q

What cases explore the impact of pre-meditation as oppose to instinctive responses?

A

Wallbank v Wallbank; Weddall v Barchester; Mattis v Pollock; Mohamed v Morrisons

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45
Q

What academic highlighted how compensation justification same as burglar?

A

Williams

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46
Q

Market Investigation v Social Security Minister ratio OUTLINE

A

Performing services as person in business on own account = independent contractor

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47
Q

What case gave three defining features of a non-delegable DoC?

A

Woodland v Swimming

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48
Q

What judge in Various Claimants identified 5 factors sufficient for employment relationship?

A

Lord Phillips

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49
Q

VL applies to harassment

A

Majrowski v Guys’ and St Thomas’

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50
Q

What two judges in Viasystems disagreed on test to determine if DVL appropriate?

A

LJ May and Rix

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51
Q

What did LJ Rix say to determine if DVL appropriate in Viasystems v Thermal Transfer?

A

Look at integration into business

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52
Q

Instinctive, machinery instructions

A

Wallbank v Wallbank

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53
Q

Why did Williams call non-delegable duties a ‘logical fraud’?

A

easy to invent

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54
Q

What academic supports loss distribution argument?

A

Williams

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55
Q

Dicta on hospital non-delegable duty to patients

A

A (A child) v MoD

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56
Q

Why could the duty in Woodland v Swimming be justified?

A

Parents legally obliged to leave children w/ school and fee-paying schools

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57
Q

Lifts to others

A

Conway v George Wimpey

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58
Q

What academic exemplifies control justification for VL?

A

Morgan

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59
Q

Academic which gave original test to determine course of employment

A

Salmond

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60
Q

What requirement for non-delegable was considered vital in Woodland v Swimming?

A

Prior relationship

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61
Q

In what case did the court refuse to expand CC test to whether worker was representative?

A

Mohamed v Morrison

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62
Q

NA v Nottinghamshire judgment on NDD

A

Failed

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63
Q

What judge in Lister was wary of reliance on policy factors in Bazley?

A

Hobhouse

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64
Q

Majrowski v Guys’ and St Thomas’ general

A

VL applies to harassment

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65
Q

Jacobi v Griffiths general

A

Guidance to teenagers, abuse outside work

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66
Q

Car repair, flammable on E overalls

A

Graham v Commercial Bodywork

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67
Q

LJ Burnett in NA v Nottinghamshire

A

No NDD for intentional torts, but maybe for child care

68
Q

LJ Tomlin in NA

A

NDD ONLY for safety of accommodation

69
Q

What is the final requirement for non-delegable duty?

A

FJR

70
Q

Contractual description not determinative

A

Dacas v Brook Street

71
Q

Lee Ting Sang v Chung Chi-Keung judgment

A

Employee because daily rate and ran no risk (despite skill)

72
Q

Main case starting close connection test

A

Bazley v Curry

73
Q

Best guide to application of close connection test are previous decisions, but low precedential value

A

Dubai Aluminium v Salaam

74
Q

Rose v Plenty general

A

Milkman child

75
Q

What academic suggested elevation of status + control/attribution needed

A

Morgan

76
Q

Conway v George Wimpey judgment

A

No VL because prohibition limit sphere of employment

77
Q

What factors did court have regard to in Bazley?

A

Power employee had, extent confrontation was inherent etc.

78
Q

Racz v HO judgment

A

HO can be liable for police officer acts amounting to misfeasance in PO

79
Q

Why is enterprise liability insufficient justification?

A

What about non-financially motivated businesses?

80
Q

Stone v Taffe general

A

Knowledge - volenti for unauthorised mode?

81
Q

Flamingo

A

Mattis v Pollock

82
Q

Lister v Hesley Hall general

A

Boarding school, warden

83
Q

Boarding school, warden

A

Lister v Hesley Hall

84
Q

How would damages be assessed if DVL?

A

Civil Liability (Contribution) Act 1978

85
Q

Police

A

Racz v HO

86
Q

What two policy issues were raised in Bazley v Curry?

A

Fair compensation and deterrence

87
Q

Maga v Trustees of the Birmingham Archdiocese judgment

A

Wider pastoral role meant never off duty

88
Q

Stevens on loss distribution

A

Can’t explain why unsinured employers of domestic staff are VL

89
Q

What case contradicts with Cox v MoJ?

A

NA v Nottinghamshire CC

90
Q

What is the enterprise liability justification for VL?

A

Employers take financial benefit, so bear financial burden

91
Q

Christian brothers teaching

A

Various Claimants v Catholic Child

92
Q

NA v Nottinghamshire CC judgment

A

No VL because no close control

93
Q

Rose v Plenty judgment

A

unauthorised mode but still in course of employment

94
Q

Hawthorn cables road

A

Salsbury v Woodland

95
Q

What case gave a status-based risk test for close connection?

A

Maga v Trustees of the Birmingham Archdiocese

96
Q

What was the original test to determine course of employment for VL

A

‘Unauthorised mode’ test

97
Q

Lee Ting Sang v Chung Chi-Keung general

A

Stone mason

98
Q

Mattis v Pollock judgment

A

Deliberate widening of test in Lister, spite largely irrelevant and encouraged violence

99
Q

Crisis Couriers

A

Hollis v Vabu

100
Q

Hollis v Vabu general

A

Crisis Couriers

101
Q

Wallbank v Wallbank

A

Instinctive, machinery instructions

102
Q

Name the four factors given in Market investigation to determine if employment relationship

A

Control, equipment and helpers, financial risk/profit from sound management and contractual documentation

103
Q

Name at least 4/6 justifications for VL

A

Control; enterprise liability; identification; loss distribution; compensation; deterrence

104
Q

Viasystems v Thermal Transfer general

A

Flood, air conditioning airduct

105
Q

Conway v George Wimpey general

A

Lifts to other

106
Q

What else can employer be directly liable for?

A

Breach of duty of care

107
Q

Bouncer for club a long time

A

Hawley v Luminar Leisure

108
Q

Knowledge - volenti?

A

Stone v Taffe

109
Q

Weddall v Barchester judgment

A

Thought-out and premeditated so no VL

110
Q

lender and borrower can decide between themselves liability for negligence of hire worker to 3rd

A

Thompson v Lohan

111
Q

What method of making D2 liable for D1 was not considered in VC v CC?

A

Agency relationship

112
Q

Bazley v Curry general

A

Employee sexual abuse

113
Q

Stone mason

A

Lee Ting Sang v Chung Chi-Keung

114
Q

fROM WHAT JURISDICTION WAS barley v Curry?

A

Canada

115
Q

Cox v MoJ general

A

Rice prison officer

116
Q

What does the relationship akin to employment category extend VL to?

A

De facto rather than just de jure employees

117
Q

What case supported compensation justification and how?

A

Bazley v Curry - SUGGESTION refusal for VL due to absence of fair and just compensation

118
Q

Century Insurance v Northern Ireland judgment

A

VL - only in negligent place to throw match because of E

119
Q

Commonwealth v Introvigne judgment

A

ND DoC by school to students

120
Q

What case gives several factors to determine employment relationship

A

Market Investigation v Social Security Minister

121
Q

What case on NDDs shows general reluctance to establish duty?

A

Salsbury v Woodland

122
Q

Market Investigations v Social Security Minister general

A

Survey

123
Q

NA v Nottinghamshire CC general

A

Foster parents

124
Q

Ferguson v John Dawson general

A

Lawton LJ thought more attention should be paid to parties’ intention in contract

125
Q

Why is control insufficient justification for VL?

A

Parent has control over child but not always VL

126
Q

Various Claimants v Catholic Child judgment

A

Relationship similar enough to employment through vows and control

127
Q

5 factors for employment relationship in VC v CC per Lord Phillips

A

E had means to pay, W acted on Er’s behalf, W part of E’s business, E created risk by employment and E had control

128
Q

General Engineering v Kingston and St Andrews general

A

Go slow

129
Q

Cox v MoJ judgment

A

Middle three factors from VC v CC key for employment

130
Q

Dubai Aluminium v Salaam

A

Best guide to application of close connection test are previous decisions, but low precedential value

131
Q

What is the loss distribution justification for VL?

A

Employee lacks sufficient resources and can’t spread loss like a big company

132
Q

Sweeney v Boylan general

A

Agency method only supported by minority

133
Q

McDermid v Nash Dredging general

A

Deckhand

134
Q

What is the main reason ND DoC was developed?

A

Defence of common employment precluded VL, but defence now abolished

135
Q

Milkman child

A

Rose v Plenty

136
Q

What case showed unincorporated association indistinguishable for VL from professional organisation?

A

Various Claimants v Catholic Child

137
Q

Hawley v Luminar Leisure general

A

Bouncer for club a long time

138
Q

Morgan on loss distribution

A

Can’t explain why we lack more efficient forms of loss spreading

139
Q

What academic supports compensation justification?

A

Fleming

140
Q

Mohamed v Morrisons general

A

Petrol station USB

141
Q

What judge in what case gave 7 situations of non-delegable duties?

A

Neill LJ Alcock v Wraith

142
Q

Maga v Trustees of the Birmingham Archdiocese general

A

Non-catholic victim

143
Q

Main case on dual VL

A

Viasystems v Thermal Transfer

144
Q

Thompson v Lohan

A

lender and borrower can decide between themselves liability for negligence of hire worker to 3rd

145
Q

What suggests Cox was a radical expansion of VL?

A

Both NA v Nottinghamshire CC and VC v CC found control to be vital

146
Q

Williams on loss distribution

A

‘Social insurance’ justification best fits the law

147
Q

Petrol station USB

A

Mohamed v Morrisons

148
Q

Three requirements for non-delegable duty

A

Vulnerable/dependent, prior relationship and no control by C

149
Q

Example of highway non-delegable duty

A

Salsbury v Woodland

150
Q

What case made it clear no need for contract of employment for DVL?

A

Viasystems

151
Q

Deckhand

A

McDermid v Nash Dredging

152
Q

Racz v HO general

A

Police officer

153
Q

3 possible devices for D2 to be liable for D1

A

Non-delegable DoC; law of agency; VL

154
Q

What case confirmed dicta in A (A child) v MoD?

A

Woodland v Swimming

155
Q

Case on safety to employees non-delegable duties

A

McDermid v Nash Dredging

156
Q

Salsbury v Woodland general

A

Hawthorn cables road

157
Q

Why is looking to contractual documentation to determine employment relationship controversial?

A

Incentives for employers to make employee LOOK independent, e.g. less tax

158
Q

Who put forward two fundamental concerns of VL?

A

Fleming

159
Q

Three requirements of VL

A

D1 committed a tort, D1 is or akin to employee of D2 and close connection between tort and employment

160
Q

What academic does not support compensation?

A

Williams

161
Q

What is the hallmark of employment relationship?

A

Employer says what is to be done AND HOW

162
Q

Commonwealth v Introvigne general

A

School to students NDD

163
Q

Weddall v Barchester general

A

Sickness, replace

164
Q

Non-catholic victim

A

Maga v Trustees of the Birmingham Archdiocese

165
Q

School to students NDD

A

Commonwealth v Introvigne

166
Q

Various Claimants v Catholic Child on DVL

A

Satisfy VL for both = DVL

167
Q

What judge in Lister said duty of warden interwoven with abuse?

A

Steyn

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