vicarious liability Flashcards
1
Q
what are the 2 elements for something to be vicarious liability
A
is the tortfeasor an employee
was it competed in the course of there employment
2
Q
how do you find who an employer is
A
use the contol test
organisation test
economic reality test
3
Q
what is the contol test + case
A
- looks at wether the peoplehave a matser servant relationship yewen v noakes
4
Q
what is the organisation test
A
looks at whether its a contract for service or a contract for service
5
Q
what is the economic reality test + case
A
- looks at whether there an employee or an independant contractor
ready mixed concrete
6
Q
what is a frolic of ones own + case
A
storey v ashton
when the employee does something unorthorised
