Vicarious Liability Flashcards
Stage one tort has been committed
Includes duty and breach and damage
Vicarious liability imposes liability on someone who did not commit a tort but should be held liable due to a duty
Stage one tort has been committed
Includes duty and breach and damage
Vicarious liability imposes liability on someone who did not commit a tort but should be held liable due to a duty
Stage two Talk must’ve been committed by an employee
Control test - the oldest test this measures how much control the employer has over the employee
Integration test - this considers a worker to be an employee if that works for the integrated into the business. They must not be more than merely an assessors to the business
Economic reality test - considers various factors including ownership of tools, method of payment, tax contributions, job description independence and flexibility and various others
Stage two Talk must’ve been committed by an employee
Control test - the oldest test this measures how much control the employer has over the employee
Integration test - this considers a worker to be an employee if that works for the integrated into the business. They must not be more than merely an assessors to the business
Economic reality test - considers various factors including ownership of tools, method of payment, tax contributions, job description independence and flexibility and various others
Stage two acting in the course of employment
Acting against orders
Authorised Acts
Criminal offences
Employee committing a negligent act
Employee acting in the course of employment
Employee acting in a frolic of their own
Stage two acting in the course of employment
Acting against orders
Authorised Acts
Criminal offences
Employee committing a negligent act
Employee acting in the course of employment
Employee acting in a frolic of their own
