Vicarious Liability UK

Question 1

What is the primary purpose of tort law in the UK?

Answer 1

To provide relief to individuals harmed by the unreasonable actions of others.

Question 2

True or False: Negligence is a type of tort.

Answer 2

True

Question 3

Fill in the blank: The landmark case of __________ established the ‘reasonable person’ standard in negligence.

Answer 3

Blyth v Birmingham Waterworks

Question 4

What must a claimant prove in a negligence case?

Answer 4

That the defendant owed a duty of care, breached that duty, and caused harm as a result.

Question 5

Which case is known for the ‘neighbour principle’?

Answer 5

Donoghue v Stevenson

Question 6

What is vicarious liability?

Answer 6

A legal principle where an employer is held responsible for the negligent acts of an employee performed in the course of employment.

Question 7

True or False: In tort law, damages are always awarded in full.

Answer 7

False

Question 8

What type of tort involves intentional harm to a person?

Answer 8

Battery

Question 9

Which case established the distinction between public and private nuisance?

Answer 9

Hunter v Canary Wharf

Question 10

Fill in the blank: __________ is a defense in tort law that can reduce liability by showing that the claimant contributed to their own harm.

Answer 10

Contributory negligence

Question 11

Which case addressed the issue of foreseeability in negligence?

Answer 11

Caparo Industries plc v Dickman

Question 12

What is the difference between trespass to land and trespass to person?

Answer 12

Trespass to land involves entering someone’s property without permission, while trespass to person involves direct physical interference with a person.

Question 13

True or False: The case of Miller v Jackson dealt with private nuisance.

Answer 13

True

Question 14

What is the legal term for false statements that harm a person’s reputation?

Answer 14

Defamation

Question 15

Which case involved the concept of ‘reasonable foreseeability’ in the context of duty of care?

Answer 15

Bourhill v Young

Question 16

Fill in the blank: The __________ test is used to determine if a duty of care exists.

Answer 16

Caparo

Question 17

What type of damages are awarded for non-monetary harm, such as emotional distress?

Answer 17

General damages

Question 18

Which case is a landmark decision regarding liability for psychiatric harm?

Answer 18

Alcock v Chief Constable of South Yorkshire

Question 19

True or False: Strict liability applies in tort law regardless of fault.

Answer 19

True

Question 20

What does the term ‘tortfeasor’ refer to?

Answer 20

An individual or entity that commits a tort.

Question 21

In which case did the court rule that a claimant could not recover damages for pure economic loss?

Answer 21

Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd

Question 22

Fill in the blank: __________ is the legal doctrine that holds a party responsible for the damages caused by their actions, regardless of intent or negligence.

Answer 22

Strict liability

Question 23

Which case involved the issue of liability in relation to animals?

Answer 23

Mirvahedy v Henley

Question 24

What is the main focus of tort law?

Answer 24

To provide compensation to victims of wrongful acts.

Question 25

True or False: Tort law is primarily concerned with criminal actions.

Answer 25

False

Question 26

What is the significance of the case of R v Cunningham?

Answer 26

It established the test for recklessness in tort law.

Question 27

Fill in the blank: __________ refers to the legal responsibility for one's actions or omissions in tort law.

Answer 27

Liability

Question 28

Which legal principle protects defendants from liability if the claimant voluntarily assumed the risk?

Answer 28

Volenti non fit injuria

Question 29

What type of tort involves the wrongful interference with a person's enjoyment of their land?

Answer 29

Nuisance

Question 30

Which case involved a claimant suffering from a nervous shock due to witnessing an accident?

Answer 30

Page v Smith

Question 32

What is vicarious liability?

Answer 32

Vicarious liability is a legal principle where one party is held liable for the negligent actions of another party.

Question 33

True or False: An employer can be held liable for the actions of an employee if those actions were performed in the course of employment.

Answer 33

True

Question 34

Fill in the blank: The case of __________ established that an employer is liable for the torts committed by employees during their employment.

Answer 34

Lister v Hesley Hall Ltd

Question 35

What is the key test for determining vicarious liability?

Answer 35

The key test is whether the employee was acting in the course of their employment when the tort was committed.

Question 36

Name one case that illustrates the principle of vicarious liability.

Answer 36

Bazley v Curry

Question 37

What does the term 'course of employment' refer to?

Answer 37

It refers to actions taken by an employee that are within the scope of their job duties.

Question 38

True or False: An employer is always liable for the actions of an employee.

Answer 38

False

Question 39

In which case was the concept of 'frolic of their own' discussed?

Answer 39

Hilton v Thomas Burton (Rhodes) Ltd

Question 40

What is the significance of the case 'Mohamud v WM Morrison Supermarkets plc'?

Answer 40

It expanded the scope of vicarious liability to include acts that are closely connected to the employee's work.

Question 41

Fill in the blank: The case of __________ dealt with the issue of whether a taxi driver was acting in the course of employment when he assaulted a passenger.

Answer 41

Mattis v Pollock

Question 42

What does 'vicarious liability' typically apply to?

Answer 42

It typically applies to the employer-employee relationship.

Question 43

Which case highlighted that an employer could be liable even if the employee was performing an illegal act?

Answer 43

Lister v Hesley Hall Ltd

Question 44

True or False: An independent contractor can lead to vicarious liability for the hiring party.

Answer 44

False

Question 45

What is the primary reason for imposing vicarious liability on employers?

Answer 45

To ensure that victims have a source of compensation and to encourage employers to take care in their hiring and supervision.

Question 46

Name the case that established the 'close connection' test.

Answer 46

Mersey Docks and Harbour Board v Coggins and Griffiths (Liverpool) Ltd

Question 47

Fill in the blank: The case of __________ involved a teacher being held liable for the actions of a student during a school trip.

Answer 47

Watson v British Board of Boxing Control

Question 48

What are the two main requirements for vicarious liability to apply?

Answer 48

The tort must be committed by an employee and it must occur in the course of employment.

Question 49

In which case was it determined that an employee's actions during a work-related social event could lead to vicarious liability?

Answer 49

Hewlett-Packard (UK) Ltd v Capita Symonds Ltd

Question 50

True or False: The employer's fault is necessary for vicarious liability to be established.

Answer 50

False

Question 51

What is the 'control test' in the context of vicarious liability?

Answer 51

The control test assesses the degree of control an employer has over the employee's actions.

Question 52

Name one situation where an employer may not be held vicariously liable.

Answer 52

If the employee was acting outside the scope of their employment.

Question 53

What does the case 'Cox v Ministry of Justice' contribute to vicarious liability law?

Answer 53

It extended vicarious liability to situations involving quasi-employees and non-traditional employment relationships.

Question 54

Fill in the blank: The case of __________ involved a football club being held liable for the actions of its stewards.

Answer 54

Weddell v British Boxing Board of Control

Question 55

What is the legal term for a situation where an employee acts independently and not in the course of their employment?

Answer 55

Frolic of their own

Question 56

True or False: Vicarious liability can apply to both torts and criminal acts.

Answer 56

False

Question 57

What is one key policy reason for imposing vicarious liability?

Answer 57

To provide a remedy for victims of tortious acts.

Question 58

Which case established that vicarious liability could exist even when the employee's actions were unauthorized?

Answer 58

Hollis v Vabu Pty Ltd

Question 59

What is the 'enterprise risk' approach to vicarious liability?

Answer 59

It holds that businesses should bear the costs of risks created by their operations.