Unit 5 - Employers and Vicarious Liability

Question 1

What are the common law duties an employer owes its employees?

Answer 1

Wilsons and Clyde
- competent staff
- adequate material
- a proper system of work and supervision

Latimer and AEC
- A safe place to work

Question 2

What are the elements that must be establish for vicarious liability ?

Answer 2

1. worker must be an employee
2. the employee must have committed a tort
3. the employees tort must have been committed during the course of their employment

Question 3

Are employers held Vic LIAB for intentional or criminal actions.

Answer 3

normally no but can be cases - directly within the course of employment duties