Vicarious Liability

Question 0

Hollis v Vabu

Answer 0

Bicycle couriers

Employee or contractor?

Many factors

Skilled labour?
Control over performance?
Presented to public as company?
Able to bargain price?
Who provides tools and equipment?

Question 1

Zuijs v Wirth Brothers

Answer 1

Acrobat

Employee or contractor?

Factors
Wages v fixed price
Right to suspend/dismiss
Power of selecting individual person
Etc
Fact that don't know intricacies of job irrelevant

Question 2

Sweeney v Boylan

Answer 2

Just because you get someone to represent you in task, doesn’t mean employee

Question 3

Bugge v Brown

Answer 3

In course of employment?

If authorised act, or unauthorised/progihibited modes of committing authorised act

Question 4

Deatons v Flew

Answer 4

Barmaid

Act of personal retaliation, so liable

Question 5

Starks v RSM Security

Answer 5

Bouncer

Closely linked to authorised acts, so course of employment

Question 6

NSW v Lepore

Answer 6

Sexual Assault.

Not in course of employment. But, is there a close connection to what they were employed to do?

Also, for non dele gable, only for negligence, not intentional torts

Question 7

Kondis

Answer 7

Non dele gable

Arises as undertaken care, supervision, control of person for safety.

Control, with vulnerability

Question 8

Burnie Port Authority

Answer 8

If dangerous activities allowed, duty arises

Question 9

Leichhardt Council v Montgomery

Answer 9

No duty for working on roads