Vicarious liability summary Flashcards
What is vicarious liability?
Vicarious liability is a legal principle where an employer is held responsible for the negligent actions of an employee performed in the course of their employment.
True or False: An employer can be held liable for an employee’s actions if those actions were outside the scope of employment.
False
Fill in the blank: In the case of ______ v. ______, the court established the principle of vicarious liability.
Lister v. Hesley Hall
What was the key principle established in Lister v. Hesley Hall?
The principle that an employer can be held liable for the torts of an employee if those acts are closely connected to the employee’s duties.
Case summary: What happened in the case of Lister v. Hesley Hall?
A warden at a boarding school sexually abused children, and the court held the school liable as the acts were closely connected to his employment.
What was the outcome of the case of Lister v. Hesley Hall?
The House of Lords ruled in favor of the claimants, establishing vicarious liability.
In which case did the court rule that a taxi driver was acting in the course of employment when he assaulted a passenger?
M v. W
True or False: In the case of M v. W, the employer was found not liable for the taxi driver’s actions.
False
What is the significance of the case of Bazley v. Curry in relation to vicarious liability?
It emphasized the need for a close connection between the employee’s wrongful act and the employment.
What was the main issue in the case of Mohamud v. WM Morrison Supermarkets?
Whether the employer was vicariously liable for an employee’s violent act against a customer.
What did the Supreme Court decide in Mohamud v. WM Morrison Supermarkets?
The court held that the employer was vicariously liable as the employee’s actions were closely connected to his job.
Fill in the blank: The case of ______ v. ______ involved a hotel employee who assaulted a guest.
M v. M
What was the outcome of the case of M v. M?
The court ruled that the hotel was vicariously liable for the employee’s actions.
What does the term ‘close connection test’ refer to in vicarious liability cases?
It refers to the assessment of how closely related the employee’s wrongful act is to their employment duties.
True or False: Vicarious liability can apply to independent contractors.
False, generally it applies to employees.
What is the key principle established in the case of Cox v. Ministry of Justice?
An employer can be held vicariously liable for acts of independent contractors if they are engaged in activities that are integral to the employer’s business.
In the case of Christian Brothers v. The State of New South Wales, what was the court’s ruling?
The court ruled that the Christian Brothers were vicariously liable for the actions of their employees.
What does the phrase ‘in the course of employment’ mean?
It refers to actions taken by an employee while performing their job duties.
Fill in the blank: The case of ______ v. ______ involved a delivery driver causing an accident while making deliveries.
Lister v. Hesley Hall
What was the impact of the Supreme Court’s decision in the case of Mohamud v. Morrison?
It clarified the application of vicarious liability in cases of employee misconduct.
True or False: An employer is automatically liable for all actions of their employees.
False
What does the ‘frolic of one’s own’ doctrine refer to?
It refers to situations where an employee acts outside the scope of their employment, relieving the employer of liability.
What case established the ‘frolic of one’s own’ doctrine?
Storey v. Ashton
In the context of vicarious liability, what is an ‘employee’ defined as?
An individual who works under the control and direction of an employer.
