VL eval Flashcards
Hawley v Luminar Leisure
Gives victims a just and practical remedy
Limpus and Rose
Due to financial means who is also more likely to have insurance, employee is man of straw
Rose
Employer receives a benefit from the work of the employee
Yewen
Employer is in control of actions of employee in the workplace
Century Insurance
Should encourage employers to take greater care selecting employees and training
Catholic Child welfare
Shows social responsibility of employers, and discipline employees for unsafe practice
Limpus
Contradicts idea of fault based liability as employer still liable even if they select, train, supervise and discipline
Rose v Plenty compare to twine v beans
Inconsistency in way rules applied, case law has blurred lines when close connection test applies
Catholic child welfare pt2
Tort often happens before employer realises employee is bad and needs disciplining, goes against natural justice
Muhamad
No deterrent for employee if they dont have to pay out