Vicarious Liability Evaluation Flashcards

1
Q

What is the first element of the Salmond test?

A

Tortfeaser commits a tort Poland v Parr

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2
Q

What's the second element of the Salmond test?

A

Was the tortfeaser an employee

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3
Q

What is the control test?

A

Yearns v Noakes Control over tortfeaser

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4
Q

What is the integration test?

A

Stevenson et al. Closer work is to core of business

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5
Q

What is the multiple economic reality test?

A

Ready Mix Concrete Provides work/skill for a wage Accepts work is controlled by employer Everything else in contract fits employment relationship

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6
Q

What is the close connection test?

A

Lister v Hesley Hall Wrongful acts closely connected with work

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7
Q

What is the akin to employment test?

A

Catholic Brothers case C ontrol over employee R isk created by hiring I nsurance B enefit from actions

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8
Q

Can a negligent act be during the course of employment?

A

Century insurance v NI transport board Yes

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9
Q

Can an authorised act be in the course of employment?

A

Rose v Plenty Authorised act in unauthorised way

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10
Q

Can an unauthorised act be in the course of employment?

A

Limpus v General Omnibus Company Yes if doing what paid for

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11
Q

When is an unauthorised act not in the course of employment?

A

Beard v General Omnibus Company Gone against orders

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12
Q

What happens if employee is on a frolic of their own?

A

Hilton v Thomas Burton Not liable

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13
Q

What Smith v Stages add?

A

Travelling between workplaces is not a frolic

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14
Q

What is the public policy test?

A

No connection but: C deserves compensation Employee insured/can afford to pay

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