vicarious liability

Question 1

What is VL

Answer 1

Strict liability where a third party can be found liable for the tort committed by a tortfeasor (seen between employees and employer relations)

Question 2

what are the three requirements necessary for VL

Answer 2

1. that a tort has been commited
2. the person was an employee
3. the person was acting in their course of employment

Question 3

What are the three tests for establishing an employee

Answer 3

1. control test
2. integration test
3. multiple test

Question 4

What is the control test

Answer 4

established from yewens v noakes ‘a person is to be considered an employee if the employer had sufficient degree of control over the employee

Question 5

What is the integration test

Answer 5

Tests for how integrated the work of the employee is to the employers business
Stevenson jordan and hanson v Macdonald

Question 6

What is the multiple test

Answer 6

Established by Ready mix concrete. Outlines 3 condition for being an employee

1. employee provided a skill in return for a wage
2. employer exercises a degree of control
3. nothing in the contracts states they arent an employee

Question 7

Acting in the course of employement

Answer 7

Century insurance v NI - explosion caused by employee smoking.
‘an employer will be vicariously liable where the employee is doing his job in a negligent way

Question 8

Acting on a frollic

Answer 8

Story v ashton

if the employee has gone off on their own and they then commit a negligent act the employee is not liable

Question 9

An unlawful act of an employee

Answer 9

Lister - employer found liable for criminal iffence of employee as they were seen to have provided an environment where the defendant could act criminally

Question 10

acting on a frollic evaluation

Answer 10

Positive prevents employer from being found liable where they had no involvement

Question 11

Compensation for claimant

Answer 11

Suing employer is better for the claimant as they are likely to have more money or insurance of which will be able to pay out sufficient funds than an individual employee

Question 12

Acting in the course of employment

Answer 12

A question as to whether it is or isnt fair to impose liability for cases whereby the employee was acting negligently during their course of employment .
If not the claimant is unlikely to recieve adequate compensation o
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