Vicarious liability summary Flashcards

1
Q

What is vicarious liability?

A

Vicarious liability is a legal principle where an employer is held responsible for the negligent actions of an employee performed in the course of their employment.

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2
Q

True or False: An employer can be held liable for an employee’s actions if those actions were outside the scope of employment.

A

False

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3
Q

Fill in the blank: In the case of ______ v. ______, the court established the principle of vicarious liability.

A

Lister v. Hesley Hall

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4
Q

What was the key principle established in Lister v. Hesley Hall?

A

The principle that an employer can be held liable for the torts of an employee if those acts are closely connected to the employee’s duties.

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5
Q

Case summary: What happened in the case of Lister v. Hesley Hall?

A

A warden at a boarding school sexually abused children, and the court held the school liable as the acts were closely connected to his employment.

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6
Q

What was the outcome of the case of Lister v. Hesley Hall?

A

The House of Lords ruled in favor of the claimants, establishing vicarious liability.

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7
Q

In which case did the court rule that a taxi driver was acting in the course of employment when he assaulted a passenger?

A

M v. W

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8
Q

True or False: In the case of M v. W, the employer was found not liable for the taxi driver’s actions.

A

False

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9
Q

What is the significance of the case of Bazley v. Curry in relation to vicarious liability?

A

It emphasized the need for a close connection between the employee’s wrongful act and the employment.

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10
Q

What was the main issue in the case of Mohamud v. WM Morrison Supermarkets?

A

Whether the employer was vicariously liable for an employee’s violent act against a customer.

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11
Q

What did the Supreme Court decide in Mohamud v. WM Morrison Supermarkets?

A

The court held that the employer was vicariously liable as the employee’s actions were closely connected to his job.

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12
Q

Fill in the blank: The case of ______ v. ______ involved a hotel employee who assaulted a guest.

A

M v. M

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13
Q

What was the outcome of the case of M v. M?

A

The court ruled that the hotel was vicariously liable for the employee’s actions.

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14
Q

What does the term ‘close connection test’ refer to in vicarious liability cases?

A

It refers to the assessment of how closely related the employee’s wrongful act is to their employment duties.

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15
Q

True or False: Vicarious liability can apply to independent contractors.

A

False, generally it applies to employees.

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16
Q

What is the key principle established in the case of Cox v. Ministry of Justice?

A

An employer can be held vicariously liable for acts of independent contractors if they are engaged in activities that are integral to the employer’s business.

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17
Q

In the case of Christian Brothers v. The State of New South Wales, what was the court’s ruling?

A

The court ruled that the Christian Brothers were vicariously liable for the actions of their employees.

18
Q

What does the phrase ‘in the course of employment’ mean?

A

It refers to actions taken by an employee while performing their job duties.

19
Q

Fill in the blank: The case of ______ v. ______ involved a delivery driver causing an accident while making deliveries.

A

Lister v. Hesley Hall

20
Q

What was the impact of the Supreme Court’s decision in the case of Mohamud v. Morrison?

A

It clarified the application of vicarious liability in cases of employee misconduct.

21
Q

True or False: An employer is automatically liable for all actions of their employees.

22
Q

What does the ‘frolic of one’s own’ doctrine refer to?

A

It refers to situations where an employee acts outside the scope of their employment, relieving the employer of liability.

23
Q

What case established the ‘frolic of one’s own’ doctrine?

A

Storey v. Ashton

24
Q

In the context of vicarious liability, what is an ‘employee’ defined as?

A

An individual who works under the control and direction of an employer.

25
Q

Fill in the blank: In the case of ______ v. ______, the court ruled that the employer was not liable because the employee was on a personal errand.

A

Mersey Docks v. Coggins

26
Q

What was the outcome of the case of Lister v. Hesley Hall regarding the employee’s actions?

A

The court found that the employee’s actions were closely connected to his duties.

27
Q

What is the primary purpose of vicarious liability in law?

A

To provide a remedy for victims injured by the negligent acts of employees.

28
Q

True or False: Vicarious liability can only arise from negligence.

A

False, it can arise from intentional torts as well.

29
Q

What does the term ‘respondeat superior’ mean?

A

It is a legal doctrine holding an employer liable for the actions of employees performed within the scope of their employment.

30
Q

Fill in the blank: The case of ______ v. ______ concerned a nurse who assaulted a patient while on duty.

A

Watson v. British Boxing Board of Control

31
Q

What was the ruling in the case of Watson v. British Boxing Board of Control?

A

The court held that the organization was vicariously liable for the nurse’s actions.

32
Q

In the case of Vellino v. Chief Constable of Greater Manchester, what was the court’s conclusion?

A

The court found that the police were not vicariously liable as the officer’s actions were not connected to their duties.

33
Q

What is the significance of the case of Kooragang Investments Pty Ltd v. NSW in relation to vicarious liability?

A

It highlighted the importance of the relationship between the employer and the employee in determining liability.

34
Q

What does ‘scope of employment’ refer to?

A

The range of activities that an employee is authorized to perform as part of their job.

35
Q

True or False: An employer can be vicariously liable for an employee’s actions even if the employee acted against company policy.

A

True, if the actions are closely related to their employment.

36
Q

What was the outcome of the case of Kahn v. the Secretary of State for Transport?

A

The court ruled that the employer was vicariously liable for the actions of the employee.

37
Q

Fill in the blank: The case of ______ v. ______ involved a police officer who used excessive force.

A

B v. Chief Constable of Merseyside

38
Q

What principle was established in the case of B v. Chief Constable of Merseyside?

A

The police force was vicariously liable for the officer’s unlawful actions.

39
Q

What is the relevance of the case of Hilton v. Thomas Burton Ltd in vicarious liability?

A

It established that an employee’s actions may not be considered within the scope of employment if they are purely personal.

40
Q

True or False: Vicarious liability applies to all types of employment relationships.

A

False, it primarily applies to employer-employee relationships.

41
Q

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

A

It assesses whether the employee’s actions are integrated into the employer’s business activities.

42
Q

Fill in the blank: In the case of ______ v. ______, the employer was held liable for an employee’s sexual harassment.

A

B v. British Telecommunications