Vl

Question 1

Side of argument

Answer 1

vicarious liabilty is good

Question 2

P1

Answer 2

Employer will have insurance

Question 3

Insurance P1 Ao1

Answer 3

Cox V moj judge will look at insurance

Rose V plenty - liable if benefiting from acting against orders

Question 4

P1 ao3

Answer 4

Justice for V as employer is able to pay so can be fairly compensated for employees negligence

Employer is one who receives benefit so right they are held liable and employee would likely be unable to afford claim

Question 5

P1 ao3 howver

Answer 5

Increase costs off insurance and higher premium once claimed

Insures will spread cost of all claims across all

Question 6

Howver p1 insurance

Answer 6

Cost of insurance will increase to cover cost and claim and pay more in future

Howver costa will be spread between all users

Question 7

P2

Answer 7

Encourages training for employer to have safer workforce

Question 8

P2 Ao1

Answer 8

Organisation test
Jordan Harrison V McDonald’s and evans

Fully inter grated into business = employeee

Question 9

P2 ao3

Answer 9

Risk of claim and costa form claim will act as deference for employers

Encourage them to train there employees better esipcialy those who are fully integrated into business

Question 10

P2 howver for encourages training

Answer 10

Employer might have trained properly and employee goes against order

Rose V plenty liable if benefiting

Question 11

P3

Answer 11

Range of test to ensure right outcome

Question 12

P3 Ao1

Answer 12

Control test - dismiss, select, pay, control - yewens V noakes

Organisation- Jordan Harrison V McDonald’s and evans - fully integrated or acessory

Economic reality - ready mixed concrete- equipment control wages

Salmond - Akins to employment, closely connected to employment

Mersey dock - equipment

Cox c moj- insurance supervision, create risk, part of business activities, on behalf of employer

Question 13

P3 ao3

Answer 13

Ensures right outcome and employee is not mistaken for IC

However time consuming to run through

Question 14

P4

Answer 14

Recruitment

Question 15

P4 Ao1

Answer 15

Lister c hesley hall - liable for criminal
Frolic of own - smith V stages - liable if in course of employment

More than one liable - vial system V thermal transfer

Question 16

P4 ao3

Answer 16

Due to risk of being liable for criminal act and risk of employer going of frolic of own a employee will expand recruitment process to ensure they aren’t hired

Howver could contradict with equity act 2010

Question 17

Reforms

Answer 17

Create act - separation of powers

Set clear test - easier for lawyer to advise

Not look at insurance as party should not be penalised

Question 18

Reforms

Answer 18

Create act - separation of powers

Set clear test - easier for lawyer to advise

Not look at insurance as party should not be penalised

Question 19

Reforms

Answer 19

Create act - separation of powers

Set clear test - easier for lawyer to advise

Not look at insurance as party should not be penalised