Vicarious Liability Flashcards
Meaning of the maxim: ‘qui facet per alium facit per se’
he who acts through another does the act himself
What is Strict Liability?
Strict liability is a legal doctrine holding a person liable for damage caused by hazardous substances on their property, even without negligence or intent.
‘respondeat superior’?
‘let the principal be held responsible’ i.e. an employer is held liable for wrongful acts committed by employees within the scope of their employment.
What are the key elements of Strict Liability?
Dangerous Thing: Likely to cause harm if it escapes.
Escape: The substance escapes from the defendant’s premises to another’s property.
Damage: Harm must occur.
Non-Natural Use of Land: Use that increases risk to others.
True test of Vicarious Liability
Whether the servant was acting in the course of
his employment
What is the legal principle established in Rylands v. Fletcher?
A person who brings something hazardous onto their land is liable if it escapes and causes damage, regardless of negligence.
List the three key elements required for vicarious liability.
1) An appropriate relationship (e.g., employer-employee), 2) Act within scope of employment, 3) Negligent or wrongful act causing harm.
What happened in Rylands v. Fletcher?
Rylands’ reservoir leaked through old mine shafts, flooding Fletcher’s coal mines. Rylands was held liable as storing large amounts of water was a non-natural use of land.
Explain the difference between “Frolic” and “Detour.”
Detour is a minor deviation within job duties, keeping employer liability; Frolic is a substantial deviation, absolving employer liability.
What constitutes a “Dangerous Thing” under strict liability?
A substance that is hazardous and likely to cause damage if it escapes, such as water (large volumes), explosives, gas, or electricity.
What is the “Control Test” in vicarious liability?
A test to determine if an employer-employee relationship exists based on the employer’s control over the employee’s work.
What does “Escape” mean in strict liability?
The hazardous substance must move from the defendant’s premises to an area outside their control and cause harm (Crowhurst v. Amersham Burial Board).
Describe the “Deeper Pockets” theory.
It justifies vicarious liability by holding financially capable employers liable, ensuring victims can recover damages.
What was ruled in Read v. J Lyons & Co. regarding escape?
There was no liability since the explosion of a shell occurred within the factory and did not escape to another’s property.
How did Century Insurance v. Northern Ireland Transport impact vicarious liability?
It established that actions, like smoking while unloading fuel, can still fall within employment scope, holding the employer liable.
Define Non-Natural Use of Land with an example.
Use that brings increased danger to others, not ordinary for community benefit (Rickards v. Lothian – Water supply was deemed natural, exempting liability).
What does the “Relationship Akin to Employment” test assess?
It determines if a close, non-contractual relationship can invoke vicarious liability similar to that of a formal employment relationship.
List the exceptions to Strict Liability.
- Claimant’s Default (Ponting v. Noakes).
- Consent of Claimant (Dunne v. North West Gas Board).
- Act of God (Nicholas v. Marsland).
- Act of a Third Party (Box v. Jubb).
- Statutory Authority (Green v. Chelsea Waterworks Co.).
Give an example where “Non-Delegable Duty” might apply.
Employers remain liable when delegating tasks that involve dangerous activities, as in Rylands v. Fletcher for land safety.
Explain the exception of Claimant’s Default in strict liability with a case example.
No liability arises if the claimant’s own fault caused the damage. Example: Ponting v. Noakes – Claimant’s horse trespassed and ate poisonous leaves; no liability.
When negligent hiring, non-delegable duties, or ultra-hazardous tasks are involved.
What is the Act of God exception in strict liability?
Events caused solely by natural forces, unforeseeable, and beyond human control absolve liability (Nicholas v. Marsland – Flood from extraordinary rainfall).
What policy objectives does vicarious liability serve?
Promotes responsible management, ensures victim protection, distributes risk, and upholds social accountability.
What does the Act of a Third Party exception entail?
No liability if damage results from an unforeseeable act by a stranger (Box v. Jubb – Overflow caused by a third party emptying their reservoir).
What protection does Statutory Authority provide under strict liability?
Acts done under statutory obligation cannot incur strict liability (Green v. Chelsea Waterworks Co. – No liability for a pipe burst under statutory authority).
What was once non-natural may become natural over time due to societal changes (State of Punjab v. Modern Cultivators).
Why is Strict Liability important?
It ensures that those who introduce hazardous elements take precautions and provides a remedy for victims harmed by escapes of dangerous substances.
