VICARIOUS LIABILITY

Question 1

Define Vicarious Liability

Answer 1

Vicarious liability imposes liability onto an employer for the wrongful acts of their employees or someone akin to an employee

Question 2

Define Strict liability

Answer 2

A strict liability means that the claimant does not have to prove that the defendant is at fault.

Question 3

Define Tort

Answer 3

A Tort is a civil or criminal wrongdoing

Question 4

Who is the claimant, defendant and the tortfeasor

Answer 4

the claimant is the person that suffers the injury
the defendant is the person held liable for the wrongdoing of the tortfeasor
a tortfeasor is the person who commits the harm or wrongdoing

Question 5

What are the three elements that must be satisfied to prove vicarious liability

Answer 5

The employee must have committed a tort intentionally or not

The person needs to be an employee or aking to an employee

Was the tort commiteed during the course of employment

Question 6

Explain the first element to prove vicarious liability

Answer 6

The employee must have committed a tor either intentionally ( battery ) or unintentionally( negligence)

Question 7

Explain the second element to prove vicarious liability

Answer 7

There must be a relationship between D and T which makes it proper for the law to make D pay for the fault of T. D will only be liable for the acts of the tortfeasor if they are their employee or in a relationship akin to emloyee.

Question 8

What is the first step under the second element of proving vicarious liability.

Answer 8

If employment is not obvious then apply the traditional test for employment.

Question 9

What are the three traditional test for employment

Answer 9

Control test
Integral test
Multiple test

Question 10

Explain the control test

Answer 10

Can the employer tell the employee what to do and how to do it.

Question 11

Explain the Integral test

Answer 11

Is the person job role fully integrated into the business or is their work just an accessory to it

Question 12

Explain the multiple test

Answer 12

1. The employee agrees to provide work or a skill in return for a wage.
2. The employee expressly or impliedly accepts the work will be subject to the control of the employer.
3. All other considerations in the contract are consistent with there being an employment contract rather than any other relationship .

Question 13

Explain who the following are;
claimant
Tortfeasor
Defendant

Answer 13

A claimant is the person who suffers the tort (crime)
A tortfeasor is the person who causes the tort- crime
The defendant is the third party that is liable for the wrong actions of the tortfeasor