Vicarious Liability Flashcards
1
Q
What are the 2 main q:s to prove vicarious liability?
A
1) was the tortfeesor an employee?
2) did the tort occur during employment?
2
Q
Explain the control test for VL
A
Borrowed workers work for whoevers equipment is being used (mersey docks)
3
Q
What case is for church pastors being employed?
A
E v English province
4
Q
Explain the 3 parts of acting in the course of employment
A
1)acting against orders
2)doing a crim act
3)employee being negligent
