Vicarious And Occupiers Liability And Defenses Flashcards
What 3 elements make up vicarious liability?
A tort must have been committed, the person who committed it must be an employee of the defendant, the tort was in the course of that employment.
What, simply, is vicarious liability?
When someone is held legally liable for a tort committed by another person.
Name 4 cases relating to vicarious liability.
Mattis v Pollock (2003), Century Insurance Co v Northern Ireland Traffic Board (1942), Rose v Plenty (1976), Hilton v Thomas Burton (Rhodes) Ltd (1961)
What is the difference between the 2 Occupiers Liability Acts of 1957 and 1984?
1957 concerns lawful visitors and states a duty of the occupier to keep them as safe as is reasonable, 1984 concerns trespassers and a similar duty.
What does s2(3) of the Occupiers’ Liability Act 1957 cover? What case is relevant here?
It allows for children to be innately less careful than adults. Taylor v Glasgow Corporation (1922)
What 2 cases are associated with the 1957 OCA generally?
Darby v National Trust (2001), Cole v Davis-Gilbert (2007).
What 3 cases can be associated with the 1984 OCA?
Scott v Associated British Ports (2000), Cotton v Derbyshire Dales District Council (1994), Tomlinson v Congleton Borough Council (2003)
What are the differences in what can be claimed for the 1957 and 1984 OCA acts?
1957 - death, injury or property damage. 1984 - only injury or death.
What are the 6 main defenses associated with tort law?
Contributory negligence, volenti non fit injuria, ex turpi causa, act of god, personal defence and necessity.
What is contributory negligence? What 2 cases are relevant?
Where the claimant is partly at fault for the harm that they are claiming against the defendant, damages may be reduced but never by 100%. Owens v Brimmell (1977), Nettleship v Weston (1971)
What is volenti non fit injuria? What case is relevant here?
A person cannot claim if they have consented to the infliction of harm or the risk of harm. ICI v Shatwell (1964)
What is ex turpi causa? What 3 case studies are relevant?
You can’t commit a crime, get injured in the course of that crime and then claim for the injury. Aston v Turner (1981), Vellino v Chief Constable of Greater Manchester (2001), Revill v Newbery (1996).
