VICARIOUS LIABILITY

Question 1

VICARIOUS LIABILTIY

Answer 1

Making a party liable for another persons tort. It operates on strict liability claim.

Question 2

STAGE 1

Answer 2

Employee must commit a tort.
This is often established in negligence.

Question 3

STAGE 2

Answer 3

Worker must be an employee
[READY MIX CONCRETE] Multiple test

Question 4

MULTIPLE TEST- control

Answer 4

Employer must oversee employee and their work.

Question 5

MULTIPLE TEST- personal performance

Answer 5

The task cannot be delegated to another person

Question 6

MULTIPLE TEST- mutuality of obligation

Answer 6

Employer must pay the employee.

Question 7

STAGE 3

Answer 7

Must be acting during the course of employment.
‘not on a frolic of their own’
HAS TO INCLUDE AT LEAST ONE:

Question 8

AN AUTHROISED ACT

Answer 8

An action the employee does with the permission of their employer.
[BEARD]

Question 9

AN AUTHROISED ACT IN UNAUTHORISED MANNER

Answer 9

Employee performs a granted task but in an improper way to the instruction.
[LIMPUS]

Question 10

AN ACT SO CLOSELY CONNECTED TO EMPLOYMENT

Answer 10

The action performed by employee is strongly linked to job despite it being unauthorized. ​
[TWINE V BEAN]