Vicarious Liability- In the course of employment?- COMPLETE

Question 1

Which cases establish that if the D was doing their job but acting against orders, the employer will still be liable?

Answer 1

• Lipmus V London General
• Rose V Plenty

Question 2

Lipmus V London General

Answer 2

• Racing bus driver
• Doing what he was employed to do even if it was against orders.

Question 3

Rose V Plenty

Answer 3

-Milkman who injured helper
-Doing what he was employed to do even if it was against orders.

Question 4

When will an employer be liable for an employee committing a criminal act?

Answer 4

‘if there is a close connection between the crime and what the employee was employed to do’

Question 5

Which case talks about employee committing a criminal act?

Answer 5

Mohamed V Morrisons

Question 6

Mohamed V Morrisons

Answer 6

• punched customer in the face.
• ‘committed during the hours/ course of employment’

Question 7

Which case establishes that employers will not be responsible for criminal acts done by their employees?

Answer 7

NVCC of Merseyside police.

Question 8

NVCC of Merseyside police.

Answer 8

• police officer hanging outside nightclub after shift- assault.
• Merely used his uniform to gain trust?

Question 9

When will an employer be liable for an employee committing a negligent act?

Answer 9

-If an employee does a job badly,

-the employer can be liable for his actions which cause injury to another.

Question 10

Which cases regard an employee committing a negligent act?

Answer 10

• Century insurance V NI Road transport.

Question 11

Century insurance V NI Road transport.

Answer 11

• Still doing their job albeit negligently
• Lit cigarette petrol station.

Question 12

What does it mean if an employee has acted on a frolic of their own/ how does this apply?

Answer 12

• if an employee causes injury/damage to another whilst doing something at a time/ outside of the area of work, the employer will not be liable.

Question 13

Frolic of their own case?

Answer 13

Shelbourne V CRUK

Question 14

Shelbourne V CRUK

Answer 14

• pulled the dirty dancing move and dropped partner.
• NL- a frolic of their own

Question 15

What does the civil liberties act 1978 outline about compensation?

Answer 15

• if it is committed by an employee in the course of employment the employer will be liable to pay compensation to the injured person.
• The employer can recover compensation paid out from the employer like a deduction of wages.

Question 16

Lister V Helsey Hall (goes with criminal act stuff)

Answer 16

• Is it fair and just to hold the employer liable