Vicarious liability Flashcards

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1
Q

Meaning

A

Law makes one person liable within legal relationship for tort committed by another

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2
Q

why might some people argue that VL is unfair?

A

Innocent party liable for something they haven’t
Personally done or failed to do it
Liability on employee not directly at fault.

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3
Q

justifications

A

Responsibility of the employer
Hiring and firing
Improving health and safety standards
compensation

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4
Q

Responsibility of the employer

A

employee may be carrying out instructions of the employer

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5
Q

Hiring and firing

A

Employees responsible for hiring firming monitoring and discipling staff.

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6
Q

Improving health and safety standards

A

employees responsible for making sure all employees trained so work done safely

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7
Q

Compensation

A

Employer usually in better financial position to pay than employee

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8
Q

Salmond test

A

Employees committed unintentional tort
Worker had employment status
Employee committed tort during the course of employment

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9
Q

Effect of VL

A

individual who committed the tort will be jointly liable with the employer

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10
Q

Parties to VL

A

Tortfeasor
Claimant
Defendant

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11
Q

Tortfeasor

A

Person who commits tort

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12
Q

Claimant

A

Victim who suffers harm and brings action

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13
Q

Defendant

A

Person liable for Tortfeasor’s tort

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14
Q

Traditional tests for employment status

A

works under a contract of service

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15
Q

Control test

A

An independent contractor is someone who is told what to do whereas an employee is told what to do and how to do it

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16
Q

Club gave orders and paid him

A

Walker

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17
Q

Hired out equipment so permanent employee liable

A

Mersey

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18
Q

Owner who employed him liable

A

Hawley

19
Q

Integration test

A

It provides that a worker will be an employee if his work is fully integrated into the business

20
Q

Liable as relationship of employment

A

Cox

21
Q

Multiple economic reality test

A

tests consider various factors which may indicate employment or not

22
Q

Ready Mixed Concrete

A

Employees provide work or skill in return for a wage
Accepts work controlled by employer
Terms of contract consistent

23
Q

Tools and equipment

A

Employee less likely to own these at work

24
Q

Payment

A

Employees more likely to be paid regular payments

25
Q

Tax

A

Employees pay tax and national insurance

26
Q

Job description

A

Person declare themselves as employee

27
Q

Independence

A

Flexibility in being able to work from other sources

28
Q

Council liable for abuse

A

Armes

29
Q

Cases

A

Barclays
Catholic child welfare

30
Q

Can more than one employee be vicariously liable

A

Viasystems

31
Q

What’s element 2?

A

Is the person acting in the course of employment

32
Q

Limpus

A

Employer liable as driving was his job

32
Q

Four points for course of employment

A
  1. Employee is doing their job
  2. Employee is doing their job but in an unauthorised manner
  3. Employee is doing their job but carelessly
33
Q

Century

A

Employer liable as he was doing his job even if negligent

34
Q

Acts that would not be in the course of employment

A
  1. Employee is doing acts outside the scope of their employment
    2.Employee is doing their acts outside the time of their employment
    3.Employee is giving an unauthorised lift to someone
35
Q

Beard

A

Bus conductor drove without authority so employer not liable

36
Q

Hilton

A

Took unauthorised break when event happened so employer not liable

37
Q

Smith

A

Travelling being paid for during the frolic may make employer still liable.

38
Q

Twine

A

Employer not liable as the negligence of the driver during a forbidden lift killed someone.

39
Q

Modern approach to VL

A

‘Close connection test’

40
Q

‘Close connection test’

A

Commission of the alleged tort closely connected to the employment

41
Q

Lister

A

If an employee commits a criminal act at work and there is a close connected to what employee was employed to do. Employer liable.

42
Q

Claimants

A

Independent contractor so not liable

43
Q

Morrisons

A

Employers not liable for a wrongful act.