sem 2 lesson 5 - employment law and vicarious laibltiy

Question 1

whats vicarious liability

Answer 1

Principle you may be able to hold to account in employment law terms - an employer for their acts of employees

Question 2

an employer is vicariooulsy liable for

Answer 2

torts committed by employeee

Question 3

an employer is striclty liable for employees torts what does this mean

Answer 3

no discussio about employer intentions or state of mind

if employee found to commit a tort/civil wrong in course of employment - employer is responsible for it without any available defenses

Question 4

for employer to eb liable wat ar ehte 2 essentials

Answer 4

perosn who committed tort is employee of defendant

tort committed in course of employment

Question 5

being employee of defendant distinguishes who

Answer 5

people who are self employed and not empliyees

Question 6

those whosign contracts of service are called

Answer 6

employees

Question 7

those who sign contracts for service are

Answer 7

self employed

Question 8

employyee is not

Answer 8

temp staff or self employed

Question 9

being in course of employment is a x x

Answer 9

specific context

Question 10

why is employer responsible for all actions of employees and those working on behalf of them

Answer 10

by hiring someoen to do the job you put them in a position where accidnets/torts can happen

Question 11

what case shows us employer is repsonibe for all acionts of employees and those working on behalf in the ‘course of employment’

Answer 11

Cox v Ministry of Justic 2016

Question 12

outlin cox v MOJ

Answer 12

Catering manager gets bag of rice dropped on her by prisoners who are helping pout

kitchen manager wants to make claim MOJ responsible for tortious actions of prisoners

Question 13

what does court say in cox v moj

Answer 13

yes

MOJ reesponsibel for tortious act of inmates

liabilty not stritcly in the sense of who’s employed but when there is a relationship of employment rather than the employment itself

Question 14

if your doing a job badly you are still

Answer 14

in the course of employment

Question 15

we onyl leave the course of employment when

Answer 15

we take quire an extreme step away from contractual repsonisbilty

Question 16

what happened in hilton v thomas burton rrhosed

Answer 16

hilton took work van to go for frink a lunch unauthorised on the way back Hilton crashed and was killed

wife sued copany aruing they were vicariously liable for drivers negligence

but court ruled that tey were on a frollock of their won so company is not liable

Question 17

johnson v tower boot is about

Answer 17

racial discimination and horribilie treatmnt of people at owrk

Question 18

what happned in jobes v tower boot

Answer 18

claimant said there was abuse

employer argued abuse perpetrated by employees was coutner to workpalce policy and culture - the specfcall told pple not to therfore they ar not responsible for actions of defendant

court said no thats not right

the acts were comitted in the course of employment and yo repsonsibel for employees whilst htey do ttheir job

so cant get out of it

Question 19

in reliton to jones v tower boot compnay what is the only way an employer rcan get out of repsonsiblity ptclrly for acts of bullying and racism

Answer 19

we as reasoable mployers coud not hace done anythign eles to stop this fromhappnin

had loads of trainaing , dicipisne people first time around and coudlnt do anything to preventit from geetig worse

we did awful lot

Question 20

what nappned in hawley v lunminor leisre - nightclub bouncers

Answer 20

doormenr security hired temporality by a nightclub

become too violent and assaulted people

question was who was responsible for the behaviour

court says the party who had msot ocntro over the behaviour over how the doorman behaved

Question 21

what does mohamed v morrison show

Answer 21

difficult to say you not responsibel for employees actions

Question 22

what happenned in mohamed v morrison

Answer 22

claimant comesin and customer service person is very aggressive and ultimatley assults client

morrisons says hti sbehaviour is so wildly off base that its got nothing to do w ys

Question 23

what does court say in mohammed v morrisn case

Answer 23

was person being customer service assitant/ in coruse of employment when this hapnede - yes

he was doing it innaporptaleyt but dont mean he wasnt doing hsi work- so yes morrison is responsible

Question 24

why are systemes like vaciour liability exist

Answer 24

employers are people insured to payout on claims such as these - individuals not got money

employer mainatinas degree of control over employees so can encourage andhsoulf encourge employee to at repsonsibily

get profit off them as well

Question 25

what cases do we remeber for acts comitted in course of employemtn

Answer 25

jones v tower boot

mohammed v morssions 2016

howley v luminar leisure ltd

Question 26

if you want to make claim for damage arising from Health adn safety at work issues what is the timeline

Answer 26

3 years in all cases

Question 27

in common law what si the timelnie to amke a claim for personal injury

Answer 27

3 years

Question 28

if you just claiming for inaical loss or famges what is the time line

Answer 28

6 yeears

Question 29

in employment claims if you hav suffered as a result iof work what si the timeframe to make a cliam

Answer 29

3 years from date condition becomes apparent

Question 30

what is the limit for compensationi and awards in relation to H and S at work

Answer 30

no limit

Question 31

what is enforcement

Answer 31

overlapping duties laid on employers, employees, local authorities and hte H and S executive

Question 32

local authorities got lots of power but they give it to goverments and local authorities what do the lcoal authotieis fo

Answer 32

give notice snad fines and if company dont imporve can make bruh dont even worry