Vicarious Liability Flashcards

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1
Q

test for employees

A

employers can be VL for the actions of employees but not independent contractors

  1. control test
  2. integrated test
  3. economic reality test
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2
Q

control test

A

whether the employer has control over the employee and what was done

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3
Q

mersey docks v coggins

A

a crane driver and crane were on loan to a harbour. the crane driver injured the C

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4
Q

integration test

A

a worker will be an employee if his work is fully fr the business. if a person is only an accessory to the business that person is not n employee but an independent contractor

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5
Q

stevenson jordan and harrison v mcdonald and evans

A

engineers wrote a book using the knowledge he learnt whilst working in a firm. integrated in that of the business and considered an integral part of the business

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6
Q

economic reality test

A
  1. employee is being paid a wage in return for work
  2. employee accepts the work is subject to control y the employer
  3. the contract conditions are consistent with a contract of employment
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7
Q

course of employment

A

in order for an employer to be VL an employee has to commit the tort in the “course of employment”

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8
Q

authorised acts

A

an employee should only follow reasonable, lawful and implied acts

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9
Q

Poland v parr

A

seeing a boy put a hand on his sugar, he hits him, causing the boys foot to trap and losing his leg

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10
Q

doing an authorised act in an unauthorised way

A

if the act itself is authorised employer can be VL seen if the employee has gone against orders

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11
Q

limpus v london general omnibus

A

bus drivers were authorised to drive the busses but told not to race. a driver decided to race and an accident occurred

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12
Q

crimes

A

if an employee commits a crime during his work the employer can be VL if there is a close connection between employee and crime

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13
Q

mohamud v morrisons supermarkets

A

used a petrol station kiosk and approached staff with a question, the employee got angry and demanded he left. mohamud took actions against Morrisons for the employees assault

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14
Q

acting outside the employment role

A

if an employee cases injury outside their role/time the employer will not be liable

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