Week 6 -apportionment Of Liability

Question 1

Vicarious liability is an example of

Answer 1

Strict liability

Question 2

A contract of service refers to

Answer 2

An employee/employer relationship

Question 3

True or false: relationships where a non delegator duty of care exists are marked by special dependence or vulnerability?

Answer 3

True

Question 4

What did 5/7 high court judges decide in CFMEEU v Personal contracting 2022 HCA 1 and ZG operations V jamsek?

Answer 4

Where there is a comprehensive written contract covering the arrangement it will be the written terms of that contract that will be determinative rather than the substance and reality of the arrangement

Question 5

What are some relevant policy considerations when it comes to the imposition of vicarious liability in the employment relationship?

Answer 5

• the desirability of providing a solvent defendant
• the encouragement provided by vicarious liability to employers to indigo the proper safety standards within their enterprise
• the capacity of the employer to absorb the cost of liability as part of the costs of the enterprise

Question 6

Will breach of an express prohibition automatically place the employee outside the course of employment where the prohibition related to the manner or mode which work is to be performed?

Answer 6

No

Question 7

What test is used to determine where someone is an employee?

Answer 7

The multi facet test/ totality of the relationship focussing on the terms of the written contract

Question 8

Can an employer be vicariously liable for the actions of an independent contractor?

Answer 8

No

Question 9

True or false: under the wrongs act 1958 Vic a 23B(1)va person liable in respect of an damage suffered by another person may recover contribution from any other person liable in respect of the same damage?

Answer 9

True

Question 10

Is it determinative if the parties have described their relationship as one of principle and independent contractor rather than employer and employee?

Answer 10

In certain circumstances the label attached to the relationship may be taken into account, however this label will usually be irrelevant

Question 11

What things can arise during the course of employment

Answer 11

Horseplay by an employee
Dishonesty by an employee
Assault by an employee

Question 12

True or false: an employer may be vicariously liable even in relation to work carried out in an unauthorised or improper manner

Answer 12

True