Vicarious Liability Case facts Flashcards

1
Q

What is vicarious liability?

A

Vicarious liability is a legal doctrine that holds an employer or principal legally responsible for the negligent actions of an employee or agent, when such actions occur in the course of their employment.

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2
Q

In the case of Lister v Hesley Hall Ltd (2001), what was the main issue?

A

The main issue was whether the employer was vicariously liable for the sexual assaults committed by an employee against a child in his care.

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3
Q

True or False: Vicarious liability can only be applied to intentional torts.

A

False. Vicarious liability can apply to both negligent and intentional torts committed by an employee in the course of their employment.

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4
Q

What was the conclusion of the Lister v Hesley Hall Ltd (2001) case?

A

The House of Lords held that the employer was vicariously liable, as the employee’s actions were closely connected to his employment.

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5
Q

Fill in the blank: In Bazley v Curry (1999), the court emphasized that vicarious liability applies when the wrongful act is closely connected to the _____ of the employee.

A

employment

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6
Q

What case established that an employer can be liable for an employee’s acts if they are a ‘frolic of their own’?

A

The case of Warren v Henleys Ltd (1979) established this principle.

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7
Q

In Mohamud v WM Morrison Supermarkets plc (2016), what was the nature of the employee’s actions?

A

The employee assaulted a customer at the supermarket.

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8
Q

True or False: An employee’s personal motives can always absolve an employer from vicarious liability.

A

False. Even if an employee acts with personal motives, an employer may still be liable if the actions are closely connected to the employment.

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9
Q

What is the ‘close connection’ test in vicarious liability?

A

The ‘close connection’ test determines if an employee’s wrongful act is sufficiently connected to their employment to hold the employer liable.

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10
Q

Which case involved a taxi driver and a passenger regarding vicarious liability?

A

In Mason v The British Institute of Radiology (2003), the court considered the liability of a taxi driver for a passenger’s injuries.

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11
Q

In Lister v Hesley Hall Ltd (2001), what was the relationship of the parties involved?

A

The parties involved were a residential school and its employee who committed sexual assaults.

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12
Q

What is the primary purpose of vicarious liability in the context of tort law?

A

The primary purpose is to provide compensation to victims and to ensure that employers take responsibility for their employees’ actions.

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13
Q

Fill in the blank: The doctrine of vicarious liability is rooted in _____ law.

A

tort

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14
Q

In which case did the court rule that an employer could not be held liable for an employee’s actions during non-working hours?

A

In Ryder v Aylesbury Vale District Council (2004), the court ruled that the employer was not liable.

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15
Q

What is the significance of the Mattis v Pollock (2003) case?

A

The significance lies in the court’s finding that an employer was vicariously liable for an employee’s violent act committed during work hours.

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16
Q

True or False: An employer is always liable for all acts committed by an employee.

A

False. An employer is only liable for acts that are closely connected to the employee’s work.

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17
Q

What type of relationships can vicarious liability apply to aside from employer-employee?

A

Vicarious liability can also apply to principal-agent relationships.

18
Q

In Cox v Ministry of Justice (2016), what was the claimant’s relationship to the defendant?

A

The claimant was a prisoner working in a prison kitchen, and the defendant was the Ministry of Justice.

19
Q

What did the court rule in Cox v Ministry of Justice (2016) regarding vicarious liability?

A

The court ruled that the Ministry of Justice was vicariously liable for the negligent actions of the prisoner who injured the claimant.

20
Q

Fill in the blank: The key factor in determining vicarious liability is whether the employee’s act was done in the course of their _____ duties.

A

employment

21
Q

What was the outcome of Harrison v Wandsworth Borough Council (2003) regarding vicarious liability?

A

The court found that the council was not vicariously liable for the actions of its employee, as they were not acting in the course of employment.

22
Q

What concept did the case of Parker v British Airways Board (1982) illustrate regarding vicarious liability?

A

It illustrated that an employer could be liable for actions taken by employees even when those actions were unauthorized.

23
Q

What does the term ‘frolic’ refer to in the context of vicarious liability?

A

A ‘frolic’ refers to an employee’s personal excursion or activity that is unrelated to their work duties.

24
Q

In Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd (2006), what was the main focus of the case?

A

The focus was on whether a contractor could be held vicariously liable for the actions of its subcontractor.

25
Q

True or False: Vicarious liability is a strict liability doctrine.

A

True. Vicarious liability does not require proof of fault on the part of the employer.

26
Q

What does the term ‘scope of employment’ mean in relation to vicarious liability?

A

Scope of employment refers to the range of activities an employee is engaged in while performing their job duties.

27
Q

In Morris v C. W. Martin & Sons Ltd (1966), what was the outcome regarding vicarious liability?

A

The court held that the employer was vicariously liable for the tortious acts of its employee while performing work duties.

28
Q

What key principle did Hewlett-Packard Ltd v Ailsa Craig (2016) establish in vicarious liability?

A

It established that an employer can be liable for a third party’s injury caused by an employee’s negligent act during work.

29
Q

Fill in the blank: The case of Wooldridge v Sumner (1963) dealt with vicarious liability in the context of _____ activities.

30
Q

In Hoffman v W. H. Smith (1997), what was the court’s ruling about vicarious liability?

A

The court ruled that the employer was not liable for the employee’s actions as they were outside the scope of employment.

31
Q

What does the ‘dual test’ in vicarious liability refer to?

A

The dual test refers to assessing both the relationship between the parties and the connection of the wrongful act to the employment.

32
Q

In Pattni v Ali (2006), what was the key issue regarding vicarious liability?

A

The key issue was whether the employer was liable for the employee’s fraudulent actions.

33
Q

True or False: A volunteer can never be found to have caused vicarious liability.

A

True. Vicarious liability typically does not apply to volunteers.

34
Q

What type of insurance is often associated with vicarious liability claims?

A

Employers’ liability insurance is commonly associated with vicarious liability claims.

35
Q

In which case did the court clarify that an employer could be liable for acts of an independent contractor under certain circumstances?

A

In Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance (1968).

36
Q

Fill in the blank: Vicarious liability is based on the principle of _____ responsibility.

37
Q

What does the term ‘tort’ mean in the context of vicarious liability?

A

A tort is a wrongful act or infringement of a right leading to civil legal liability.

38
Q

In Keenan v Leahy (2004), what was the outcome regarding vicarious liability?

A

The court held the employer liable for the employee’s actions that caused injury to a third party.

39
Q

What is the significance of the Weddell v H.J. Heinz Company Ltd (2000) case?

A

It highlighted that the employer may be liable for an employee’s negligence even if the employee was not directly acting on behalf of the employer.

40
Q

Fill in the blank: Vicarious liability can arise from an employee’s _____ of duty.

41
Q

What is the relationship between vicarious liability and agency law?

A

Vicarious liability is a principle within agency law where a principal can be held liable for the actions of their agents.