Vicarious Liability :) Flashcards
1
Q
Relationships (Employer and employee/ Principal and Agent/ Firm and Partner)
A
Moynihan v. Moynihan (parent and child)
2
Q
Employer must be LIABLE in the first place!!
A
Deighan v. Ireland
3
Q
NECESSARY ELEMENTS???
A
1) Torfeasor was employee,
2) Tortfeasor was employee acting within the scope of his employment when he or she committed the alleged tort.
4
Q
1) RELATIONSHIP OF EMPLOYER AND EMPLOYEE??? TESTS!!
A
1) Control Test
2) Integration Test
3) Mixed Test
5
Q
CONTROL TEST :(
A
- What? How? When?
- Performing Rights Society v. Mitchell and Brooker
6
Q
INTEGRATION TEST :/
A
- Harris v. McDonald
7
Q
MIXED TEST :)
A
- Ready Mixed Concrete v. Minister of Pensions
- PHELAN COILTE TEO
8
Q
ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENTTTTTTTTT
A
Williams v Morrisey
Mattis v. Pollock
9
Q
EXPRESSLY FORBIDDEN CONDUCT
A
Lobal v. London Transport Executive
Limpus v. London General Omnibus
10
Q
OUTSIDE OF SCOPE - FROLICS ACTIONS
A
- O’Connell v. Bateman
