Tort - VL

Question 1

Yewen v Nokes

Answer 1

Employee test

Master-servant (control test)

Employer controls the nature of the work

Question 2

Ready Mixed Concrete v Minister of Pensions

Answer 2

Employee test

Economic reality test

Wage, provisions of contract - payment, tax, working hours, equipment

Question 3

Storey v Ashton

Answer 3

Drivers making deliveries

Frolic of his own

Employer not liable for torts committed by employee outside course of employment

Question 4

Century Insurance v N. Ireland Transport

Answer 4

Petrol tank

Authorised act in an unauthorised manner

Liable when tort committed in the course of employment

Question 5

Iqbal v London Transport

Answer 5

Conductor driving bus

An unauthorised act

Acting beyond the scope of employment makes employer not liable