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 liabilty

Answer 2

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

Question 3

How might these jurisdictions be criticised

Answer 3

It is unfair for an employer to be liable for the wrongdoings of an employee

Question 4

What is the second criticism of the jurisdiction of vicarious liability

Answer 4

criminal actions of the eomployee would be unforeseeable and it is unfair for an employer to be responsible

Question 5

What is the third criticism of the jurisdiction of vicarious liability

Answer 5

Does the employer oversee every actions of their employees working days

Question 6

What is the fourth criticism of the jurisdiction of vicarious liability

Answer 6

What does the employer learn from someone else taking responsibility from their actions

Question 7

What are the three elements that must be satisfield to prove vicarious laibility

Answer 7

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 8

Explain the first element to prove vicarious liability

Answer 8

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

Question 9

Explain the second element to prove vicarious liability

Answer 9

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 10

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

Answer 10

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

Question 11

What are the three traditional test for employment

Answer 11

Control test
Integral test
Multiple test

Question 12

Explain the control test

Answer 12

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

Question 13

Explain the Integral test

Answer 13

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

Question 14

Explain the multiple test

Answer 14

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 15

Explain who the following are;
claimant
Tortfeasor
Defendant

Answer 15

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