Vicarious Liability UK Flashcards
What is the primary purpose of tort law in the UK?
To provide relief to individuals harmed by the unreasonable actions of others.
True or False: Negligence is a type of tort.
True
Fill in the blank: The landmark case of __________ established the ‘reasonable person’ standard in negligence.
Blyth v Birmingham Waterworks
What must a claimant prove in a negligence case?
That the defendant owed a duty of care, breached that duty, and caused harm as a result.
Which case is known for the ‘neighbour principle’?
Donoghue v Stevenson
What is vicarious liability?
A legal principle where an employer is held responsible for the negligent acts of an employee performed in the course of employment.
True or False: In tort law, damages are always awarded in full.
False
What type of tort involves intentional harm to a person?
Battery
Which case established the distinction between public and private nuisance?
Hunter v Canary Wharf
Fill in the blank: __________ is a defense in tort law that can reduce liability by showing that the claimant contributed to their own harm.
Contributory negligence
Which case addressed the issue of foreseeability in negligence?
Caparo Industries plc v Dickman
What is the difference between trespass to land and trespass to person?
Trespass to land involves entering someone’s property without permission, while trespass to person involves direct physical interference with a person.
True or False: The case of Miller v Jackson dealt with private nuisance.
True
What is the legal term for false statements that harm a person’s reputation?
Defamation
Which case involved the concept of ‘reasonable foreseeability’ in the context of duty of care?
Bourhill v Young
Fill in the blank: The __________ test is used to determine if a duty of care exists.
Caparo
What type of damages are awarded for non-monetary harm, such as emotional distress?
General damages
Which case is a landmark decision regarding liability for psychiatric harm?
Alcock v Chief Constable of South Yorkshire
True or False: Strict liability applies in tort law regardless of fault.
True
What does the term ‘tortfeasor’ refer to?
An individual or entity that commits a tort.
In which case did the court rule that a claimant could not recover damages for pure economic loss?
Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd
Fill in the blank: __________ is the legal doctrine that holds a party responsible for the damages caused by their actions, regardless of intent or negligence.
Strict liability
Which case involved the issue of liability in relation to animals?
Mirvahedy v Henley
What is the main focus of tort law?
To provide compensation to victims of wrongful acts.
True or False: Tort law is primarily concerned with criminal actions.
False
What is the significance of the case of R v Cunningham?
It established the test for recklessness in tort law.
Fill in the blank: __________ refers to the legal responsibility for one’s actions or omissions in tort law.
Liability
Which legal principle protects defendants from liability if the claimant voluntarily assumed the risk?
Volenti non fit injuria
What type of tort involves the wrongful interference with a person’s enjoyment of their land?
Nuisance
Which case involved a claimant suffering from a nervous shock due to witnessing an accident?
Page v Smith
What is vicarious liability?
Vicarious liability is a legal principle where one party is held liable for the negligent actions of another party.
True or False: An employer can be held liable for the actions of an employee if those actions were performed in the course of employment.
True
Fill in the blank: The case of __________ established that an employer is liable for the torts committed by employees during their employment.
Lister v Hesley Hall Ltd
What is the key test for determining vicarious liability?
The key test is whether the employee was acting in the course of their employment when the tort was committed.
Name one case that illustrates the principle of vicarious liability.
Bazley v Curry
What does the term ‘course of employment’ refer to?
It refers to actions taken by an employee that are within the scope of their job duties.
True or False: An employer is always liable for the actions of an employee.
False
In which case was the concept of ‘frolic of their own’ discussed?
Hilton v Thomas Burton (Rhodes) Ltd
What is the significance of the case ‘Mohamud v WM Morrison Supermarkets plc’?
It expanded the scope of vicarious liability to include acts that are closely connected to the employee’s work.
Fill in the blank: The case of __________ dealt with the issue of whether a taxi driver was acting in the course of employment when he assaulted a passenger.
Mattis v Pollock
What does ‘vicarious liability’ typically apply to?
It typically applies to the employer-employee relationship.
Which case highlighted that an employer could be liable even if the employee was performing an illegal act?
Lister v Hesley Hall Ltd
True or False: An independent contractor can lead to vicarious liability for the hiring party.
False
What is the primary reason for imposing vicarious liability on employers?
To ensure that victims have a source of compensation and to encourage employers to take care in their hiring and supervision.
Name the case that established the ‘close connection’ test.
Mersey Docks and Harbour Board v Coggins and Griffiths (Liverpool) Ltd
Fill in the blank: The case of __________ involved a teacher being held liable for the actions of a student during a school trip.
Watson v British Board of Boxing Control
What are the two main requirements for vicarious liability to apply?
The tort must be committed by an employee and it must occur in the course of employment.
In which case was it determined that an employee’s actions during a work-related social event could lead to vicarious liability?
Hewlett-Packard (UK) Ltd v Capita Symonds Ltd
True or False: The employer’s fault is necessary for vicarious liability to be established.
False
What is the ‘control test’ in the context of vicarious liability?
The control test assesses the degree of control an employer has over the employee’s actions.
Name one situation where an employer may not be held vicariously liable.
If the employee was acting outside the scope of their employment.
What does the case ‘Cox v Ministry of Justice’ contribute to vicarious liability law?
It extended vicarious liability to situations involving quasi-employees and non-traditional employment relationships.
Fill in the blank: The case of __________ involved a football club being held liable for the actions of its stewards.
Weddell v British Boxing Board of Control
What is the legal term for a situation where an employee acts independently and not in the course of their employment?
Frolic of their own
True or False: Vicarious liability can apply to both torts and criminal acts.
False
What is one key policy reason for imposing vicarious liability?
To provide a remedy for victims of tortious acts.
Which case established that vicarious liability could exist even when the employee’s actions were unauthorized?
Hollis v Vabu Pty Ltd
What is the ‘enterprise risk’ approach to vicarious liability?
It holds that businesses should bear the costs of risks created by their operations.
