Tort Law - Vicarious Liability Flashcards Preview

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Flashcards in Tort Law - Vicarious Liability Deck (167):
1

What case suggests geographical component to close connection test, when compared with Bazley?

Jacobi v Griffiths

2

What case highlighted deterrence as a possible justification for VL?

Bazley v Curry

3

Hall v Lorimer general

Visions mixer

4

Salsbury v Woodland judgment on extra-hazardous

COULD be done safely

5

Hall v Lorimer JUDGMENT

Independent because bore risk of bad debts

6

LJ Black in NA

No NDD bc diversion, and wouldn't hypothesise

7

Dacas v Brook Street

Contractual description not determinativ

8

Hawley v Luminar Leisure judgment

No DVL because lender had no control, so just borrower

9

Agency method only supported by minority

Sweeney v Boylan

10

What two factors from VC v CC were considered unlikely to be weighty in Cox v MoJ?

Control and means of E

11

What judge in what case preferred non-delegable duty analysis to majority?

Lister v Hesley Hall, Lord Hobhouse

12

Century Insurance v Northern Ireland general

Petrol delivery, mtach

13

Mattis v Pollock general

Flamingo

14

Lister v Hesley Hall judgment

Look to close connection, then FJR - unauthorised mode unhelpful

15

What case confirmed relationship akin not confined to sexual abuse?

Cox v MoJ

16

In what case did Lawton LJ think more attention should be paid to parties' intention in contract

Ferguson v John Dawson

17

General Engineering v Kingston and St Andrews judgment

Complete negation of obligation, so no VL. Motive relevant.

18

What case showed W doing something not for E's benefit not fatal to VL claim?

Century Insurance v Northern Ireland

19

Name at least 2 academics who find the loss distribution argument insufficient?

Atiyah; Stevens; Morgan

20

Jacobi v Griffiths judgment

No VL

21

Mohamed v Morrisons judgment

Seamless, instinctive, don't come back

22

Two benefits of going through tort law as opposed to relying on social security benefits/NHS?

Tort higher than social security and E may have insurance

23

Is VL fault-based?

No

24

Salsbury v Woodland judgment on highway

Not ON highway, NEXT to

25

What did LJ May say to determine if DVL appropriate in Viasystems v Thermal Transfer?

Who had control/responsibility to prevent the act

26

Rice prison officer

Cox v MoJ

27

What was Hobhouse critical of in Lister?

Reliance in Bazley on policy factors as not legal tests - non-delegable duty

28

Sickness, replace

Weddall v Barchester

29

A (A child) v MoD

DICTA hospital non-delegable duty to patients

30

Visions mixer

Hall v Lorimer

31

Who called 'non-delegable duties' a 'logical fraud'?

Williams

32

Go slow

General Engineering v Kingston and St Andrews

33

Why did the 'relationship akin to employment' category arise?

Concern over physical and sexual abuse by members of religious organisations

34

What case emphasised control is only one factor?

Market Investigations

35

Graham v Commercial Bodywork general

Car repair, flammable on E overalls

36

Name at least 6/8 of the non-delegable duties from Alcock v Wraith

R v F, statute, support of neighbouring, escape of fire, highway, patient - hospital/school - child, extra-hazardous acts & safety to employees

37

Viasystems v Thermal Transfer judgment

DVL allowed because integrated into both

38

How were damages apportioned in Viasystems?

50/50

39

Various Claimants v Catholic Child general

Christian brothers teaching

40

McDermid v Nash Dredging judgment

Complete negation of system

41

Graham v Commercial Bodywork judgment

Outside scope because employment didn't involve force/aggression/friction

42

Lister v Romford Ice and Cold Storage

Employer (D2) can sue employe (D1) to recoup damages

43

Fleming's two fundamental concerns of VL

Just and practical remedy; right and just to bear the harm

44

What cases explore the impact of pre-meditation as oppose to instinctive responses?

Wallbank v Wallbank; Weddall v Barchester; Mattis v Pollock; Mohamed v Morrisons

45

What academic highlighted how compensation justification same as burglar?

Williams

46

Market Investigation v Social Security Minister ratio OUTLINE

Performing services as person in business on own account = independent contractor

47

What case gave three defining features of a non-delegable DoC?

Woodland v Swimming

48

What judge in Various Claimants identified 5 factors sufficient for employment relationship?

Lord Phillips

49

VL applies to harassment

Majrowski v Guys' and St Thomas'

50

What two judges in Viasystems disagreed on test to determine if DVL appropriate?

LJ May and Rix

51

What did LJ Rix say to determine if DVL appropriate in Viasystems v Thermal Transfer?

Look at integration into business

52

Instinctive, machinery instructions

Wallbank v Wallbank

53

Why did Williams call non-delegable duties a 'logical fraud'?

easy to invent

54

What academic supports loss distribution argument?

Williams

55

Dicta on hospital non-delegable duty to patients

A (A child) v MoD

56

Why could the duty in Woodland v Swimming be justified?

Parents legally obliged to leave children w/ school and fee-paying schools

57

Lifts to others

Conway v George Wimpey

58

What academic exemplifies control justification for VL?

Morgan

59

Academic which gave original test to determine course of employment

Salmond

60

What requirement for non-delegable was considered vital in Woodland v Swimming?

Prior relationship

61

In what case did the court refuse to expand CC test to whether worker was representative?

Mohamed v Morrison

62

NA v Nottinghamshire judgment on NDD

Failed

63

What judge in Lister was wary of reliance on policy factors in Bazley?

Hobhouse

64

Majrowski v Guys' and St Thomas' general

VL applies to harassment

65

Jacobi v Griffiths general

Guidance to teenagers, abuse outside work

66

Car repair, flammable on E overalls

Graham v Commercial Bodywork

67

LJ Burnett in NA v Nottinghamshire

No NDD for intentional torts, but maybe for child care

68

LJ Tomlin in NA

NDD ONLY for safety of accommodation

69

What is the final requirement for non-delegable duty?

FJR

70

Contractual description not determinative

Dacas v Brook Street

71

Lee Ting Sang v Chung Chi-Keung judgment

Employee because daily rate and ran no risk (despite skill)

72

Main case starting close connection test

Bazley v Curry

73

Best guide to application of close connection test are previous decisions, but low precedential value

Dubai Aluminium v Salaam

74

Rose v Plenty general

Milkman child

75

What academic suggested elevation of status + control/attribution needed

Morgan

76

Conway v George Wimpey judgment

No VL because prohibition limit sphere of employment

77

What factors did court have regard to in Bazley?

Power employee had, extent confrontation was inherent etc.

78

Racz v HO judgment

HO can be liable for police officer acts amounting to misfeasance in PO

79

Why is enterprise liability insufficient justification?

What about non-financially motivated businesses?

80

Stone v Taffe general

Knowledge - volenti for unauthorised mode?

81

Flamingo

Mattis v Pollock

82

Lister v Hesley Hall general

Boarding school, warden

83

Boarding school, warden

Lister v Hesley Hall

84

How would damages be assessed if DVL?

Civil Liability (Contribution) Act 1978

85

Police

Racz v HO

86

What two policy issues were raised in Bazley v Curry?

Fair compensation and deterrence

87

Maga v Trustees of the Birmingham Archdiocese judgment

Wider pastoral role meant never off duty

88

Stevens on loss distribution

Can't explain why unsinured employers of domestic staff are VL

89

What case contradicts with Cox v MoJ?

NA v Nottinghamshire CC

90

What is the enterprise liability justification for VL?

Employers take financial benefit, so bear financial burden

91

Christian brothers teaching

Various Claimants v Catholic Child

92

NA v Nottinghamshire CC judgment

No VL because no close control

93

Rose v Plenty judgment

unauthorised mode but still in course of employment

94

Hawthorn cables road

Salsbury v Woodland

95

What case gave a status-based risk test for close connection?

Maga v Trustees of the Birmingham Archdiocese

96

What was the original test to determine course of employment for VL

'Unauthorised mode' test

97

Lee Ting Sang v Chung Chi-Keung general

Stone mason

98

Mattis v Pollock judgment

Deliberate widening of test in Lister, spite largely irrelevant and encouraged violence

99

Crisis Couriers

Hollis v Vabu

100

Hollis v Vabu general

Crisis Couriers

101

Wallbank v Wallbank

Instinctive, machinery instructions

102

Name the four factors given in Market investigation to determine if employment relationship

Control, equipment and helpers, financial risk/profit from sound management and contractual documentation

103

Name at least 4/6 justifications for VL

Control; enterprise liability; identification; loss distribution; compensation; deterrence

104

Viasystems v Thermal Transfer general

Flood, air conditioning airduct

105

Conway v George Wimpey general

Lifts to other

106

What else can employer be directly liable for?

Breach of duty of care

107

Bouncer for club a long time

Hawley v Luminar Leisure

108

Knowledge - volenti?

Stone v Taffe

109

Weddall v Barchester judgment

Thought-out and premeditated so no VL

110

lender and borrower can decide between themselves liability for negligence of hire worker to 3rd

Thompson v Lohan

111

What method of making D2 liable for D1 was not considered in VC v CC?

Agency relationship

112

Bazley v Curry general

Employee sexual abuse

113

Stone mason

Lee Ting Sang v Chung Chi-Keung

114

fROM WHAT JURISDICTION WAS barley v Curry?

Canada

115

Cox v MoJ general

Rice prison officer

116

What does the relationship akin to employment category extend VL to?

De facto rather than just de jure employees

117

What case supported compensation justification and how?

Bazley v Curry - SUGGESTION refusal for VL due to absence of fair and just compensation

118

Century Insurance v Northern Ireland judgment

VL - only in negligent place to throw match because of E

119

Commonwealth v Introvigne judgment

ND DoC by school to students

120

What case gives several factors to determine employment relationship

Market Investigation v Social Security Minister

121

What case on NDDs shows general reluctance to establish duty?

Salsbury v Woodland

122

Market Investigations v Social Security Minister general

Survey

123

NA v Nottinghamshire CC general

Foster parents

124

Ferguson v John Dawson general

Lawton LJ thought more attention should be paid to parties' intention in contract

125

Why is control insufficient justification for VL?

Parent has control over child but not always VL

126

Various Claimants v Catholic Child judgment

Relationship similar enough to employment through vows and control

127

5 factors for employment relationship in VC v CC per Lord Phillips

E had means to pay, W acted on Er's behalf, W part of E's business, E created risk by employment and E had control

128

General Engineering v Kingston and St Andrews general

Go slow

129

Cox v MoJ judgment

Middle three factors from VC v CC key for employment

130

Dubai Aluminium v Salaam

Best guide to application of close connection test are previous decisions, but low precedential value

131

What is the loss distribution justification for VL?

Employee lacks sufficient resources and can't spread loss like a big company

132

Sweeney v Boylan general

Agency method only supported by minority

133

McDermid v Nash Dredging general

Deckhand

134

What is the main reason ND DoC was developed?

Defence of common employment precluded VL, but defence now abolished

135

Milkman child

Rose v Plenty

136

What case showed unincorporated association indistinguishable for VL from professional organisation?

Various Claimants v Catholic Child

137

Hawley v Luminar Leisure general

Bouncer for club a long time

138

Morgan on loss distribution

Can't explain why we lack more efficient forms of loss spreading

139

What academic supports compensation justification?

Fleming

140

Mohamed v Morrisons general

Petrol station USB

141

What judge in what case gave 7 situations of non-delegable duties?

Neill LJ Alcock v Wraith

142

Maga v Trustees of the Birmingham Archdiocese general

Non-catholic victim

143

Main case on dual VL

Viasystems v Thermal Transfer

144

Thompson v Lohan

lender and borrower can decide between themselves liability for negligence of hire worker to 3rd

145

What suggests Cox was a radical expansion of VL?

Both NA v Nottinghamshire CC and VC v CC found control to be vital

146

Williams on loss distribution

'Social insurance' justification best fits the law

147

Petrol station USB

Mohamed v Morrisons

148

Three requirements for non-delegable duty

Vulnerable/dependent, prior relationship and no control by C

149

Example of highway non-delegable duty

Salsbury v Woodland

150

What case made it clear no need for contract of employment for DVL?

Viasystems

151

Deckhand

McDermid v Nash Dredging

152

Racz v HO general

Police officer

153

3 possible devices for D2 to be liable for D1

Non-delegable DoC; law of agency; VL

154

What case confirmed dicta in A (A child) v MoD?

Woodland v Swimming

155

Case on safety to employees non-delegable duties

McDermid v Nash Dredging

156

Salsbury v Woodland general

Hawthorn cables road

157

Why is looking to contractual documentation to determine employment relationship controversial?

Incentives for employers to make employee LOOK independent, e.g. less tax

158

Who put forward two fundamental concerns of VL?

Fleming

159

Three requirements of VL

D1 committed a tort, D1 is or akin to employee of D2 and close connection between tort and employment

160

What academic does not support compensation?

Williams

161

What is the hallmark of employment relationship?

Employer says what is to be done AND HOW

162

Commonwealth v Introvigne general

School to students NDD

163

Weddall v Barchester general

Sickness, replace

164

Non-catholic victim

Maga v Trustees of the Birmingham Archdiocese

165

School to students NDD

Commonwealth v Introvigne

166

Various Claimants v Catholic Child on DVL

Satisfy VL for both = DVL

167

What judge in Lister said duty of warden interwoven with abuse?

Steyn

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