Vicarious Lability Flashcards
What is the legal principle set out by the case Yewens v Noakes (1880)?
Legal principle: sets out the control test as a way of defining an ‘employee’
What was legal principle set out by the case Performing Rights Society v Mitchell and Booker?
Legal principle: The nature and degree of control can determine an employee.
What was the legal principle was set out by the case Mersey Docks and Harbour Board v Coggings and Griffiths Ltd?
Legal principle: the control test can be used when employees are borrowed
What is the legal principle set out by the case Hawley v Luminar Leisure?
Legal principle: The control test can be used for bouncers outside a premises.
What legal principle was set out by the case Viasystems Ltd v Thermal Transfer Ltd?
Legal principle: two employers can be responsible for and employees negligence.
What authority did the case Ready Mixed Concrete Ltd v Minister of pensions and national insurance set out?
It best out the authority for the economic reality or multiple test.
What legal principle did the case Cox v Ministry of justice (2016) set out?
Legal principle: some may be considered on employee even without a contract.
What legal principle did the case Fletcher v Chancery Supplies Ltd set out?
Legal principle: No vicarious liability as there was no connection between the job and the harm.
What legal principle did the case Limpus v London General set out?
Legal principle: an employer can still be liable even when an employee goes against order.
What legal principle did the case Rose v Plenty set out?
Legal principle: an employer can still be liable even when an employee goes against orders.
What legal principle did the case Twine v Beans Express set out?
Legal principle: going against orders can remove liability if the act is not part of the employees job.
What legal principle did the case Beard v London General Omnibus co. set out?
Legal principle: if the employee causes injury by doing something outside what he is employed to do the employer will not liable.
What legal principle did the case Lister v Hesley Hall set out?
Legal principle: Established the test for ‘close connection’ between employment and crime.
What legal principle did the case N v Chief Constable of Merseyside police set out?
Legal principle: the use of a uniform to gain trust and commit a crime not a close connection.
What legal principle did the case Century Insurance Co. Ltd v Northern Ireland Road Transport Board set out?
Legal principle: the employer can be liable for negligent behaviour of their employees and should be more dangerous behaviour clear.
What legal principle did the case Hilton v Thomas Burton set out?
Legal principle: the employee is not liable if the employee is acting and frolic of his own.
What legal principle did the case Smith v Stages set out?
Legal principle: the employer is liable if the the employee is being paid to travel.
