vicarious liability Flashcards
(5 cards)
1
Q
what is vicarious liability?
A
where a third person has legal responsibility for the unlawful actions of another. usually seen in the workplace where the employer is responsible for how the employee carried out their work.
2
Q
what 2 conditions must be satisfied to impose vicarious liability?
A
- the person who committed the tort must be an employee
AND - he or she was acting in the course of his employment.
3
Q
what is the control test and what is it used for?
A
how much control did the employer have over the employee (in what the employee did)
4
Q
what is a case for the control test?
A
mersey docks and. harbour board v coggins and Griffiths Liverpool ltd 1947
5
Q
what is the integration test?
A
if a persons work is fully integrated/directly related to the business he or she will be considered an employee.
