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Tort Law > Vicarious Liability > Flashcards

Vicarious Liability Flashcards

1
Q

What is Vicarious liability?

A

Liability of an employer for the torts committed by his/her employee

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2
Q

What is the first test for vicarious liability?

A

Who is an employee

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3
Q

What case links to the control test?

A

Ready mix concrete v Minister of Pensions

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4
Q

What is the case of Ready Mixed Concrete v Minister of Pensions?

A

Lorry driver owned his lorry for his own purposes. The driver took a certain business risk and so was an independent contractor not an employee

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5
Q

What is the second part of who is an employee?

A

The integration test

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6
Q

What does the integration test state?

A

The more closely a worker is involved with the core business the more likely he is to be an employee

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7
Q

What is the third test in who is an employee?

A

The multiple test

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8
Q

What are the three parts to the multiple test?

A

-control
-personal performance
-mutuality of obligation

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9
Q

What is stated about control?

A

The employer is to some extent in charge of the worker

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10
Q

What is stated about personal performance?

A

The employee can’t delegate the job under the contract

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11
Q

What case is related to personal performance?

A

Echo and express publication v Tanton

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12
Q

What is Echo and express publication v Tanton?

A

A van driver who could employ someone to do his job was an independent contractor

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13
Q

What is stated about mutuality of obligation?

A

The employer has an obligation to pay the worker and the worker must be available to work

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14
Q

What case is related to mutuality of obligation?

A

Carmichael v National power

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15
Q

What is Carmichael v National power

A

Tour guide who could decide when they wanted to work was seen as an independent contractor

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16
Q

What is the second main point when proving vicarious liability?

A

If the employee is in the course of employment?

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17
Q

What are the three points to prove an employee was in the course of employment?

A

-Time and space
-What was the employee doing
-Is it fair just and reasonable to hold the employer liable

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18
Q

What case is related to acting in time and space?

A

Compton v McClure

19
Q

What is Compton v McClure

A

Was late for work negligently drove to fast onto premises of employer the employee was liable

20
Q

What is the statement related to ‘what was the employee doing’?

A

If an employee is performing work that he is employed to do in an improper way he will still be acting within the course of employment

21
Q

What is Century Insurance Co. Ltd v Northern Ireland Road Transport Board?

A

Lorry driver caused fire by lighting a cigarette while filling his lorry

22
Q

What case shows that liability can still arise even if the employee is doing something they are forbidden from doing?

A

Limpus v London General Omnibus Co

23
Q

What is Limpus v London General Omnibus Co

A

Bus driver raced another bus driver when banned

24
Q

What is Iqbal v London Transport Executive?

A

Bus conductor not in course of employment when he drove a bus

25
Q

What is Rose v Plenty

A

Milkman saw a sign at depot banning employing children but still employed 13 yr old girl who was injured

26
Q

What case is related to ‘is it fair to hold the employer liable?

A

Lister v Healy Hall

27
Q

What is Lister v Hesley hall?

A

Warden of residential school sued by students for sexual abuse seen that there was a close connection between act and job so was fair

28
Q

What is the case of Matthis v Pollock ?

A

Club doorman stabbed man, he is employed to use physical force and stabbing is similar to this

29
Q

What is the case of Gravell v Carrol and another ?

A

Rugby player punched someone close connection between that and his job

30
Q

What is the case of MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church ?

A

Priest sexually abused - used his position in church to do so

31
Q

What is the third main point when proving vicarious liability ?

A

Frolics of their own

32
Q

What is meant by the term “Frolics of their own” ?

A

Not liable if the employee is on a frolic of their own meaning not in the course of employment

33
Q

What case relates to frolics of their own ?

A

Hilton v Burton

34
Q

What is the case Hilton v Burton

A

Man killed due to negligent driving when towing out on lunch break using employers van they where on a frolic of their own

35
Q

What is the case of N v Merseyside Police

A

Police man raped a women, was not carrying out police duties just used his uniform and warrant card ‘on a frolic of his own’

36
Q

What is the fourth main point used to prove vicarious liability ?

A

Employer Indemnity (getting money off employee)

37
Q

What Act is related to Employer Indemnity

A

Employer can recover damages under Civil Liability (Contribution) Act 1978

38
Q

What case is related to Employer Indemnity ?

A

Lister v Romford Ice & Cold Storage

39
Q

What is the case of Lister v Romford Ice & Cold Storage ?

A

Lorry driver ran over man, man sued employer, employer recovered damages from employee as he was in breach of contract

40
Q

What is the fifth main point used to prove Vicarious Liability ?

A

Liability for independent contractors and others

41
Q

What are the three points that can make an employer liable for an independent contractor ?

A

-if he has been negligent in selecting the contractor
-he has authorised the tort
-if the law imposes a “non-delegable” duty of care (hazardous activities)

42
Q

What case relates to Independent contractors?

A

Honeywill & Stein v Larking Brothers Ltd

43
Q

What is the case of Honeywill v Larking Brothers Ltd

A

Took flash photography in cinema caused fire employer liable as work was extra hazardous

Tort Law (6 decks)

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