Vicarious Liablity Flashcards

(35 cards)

1
Q

Vicarious Liability

A

This is when the employer takes resposibility for the employee

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2
Q

Are you an employee of the employer

A

This is established through a series of test.

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3
Q

Control test

A

Yewens v Noakes - The employeer has full control servent/master relationship.

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4
Q

Intergrated

A

Stephenson v McDonald - Things which would make you intergrated, keycard to the building for example.

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5
Q

Economic reality

A

Ready Mix Concrete - Who dedux the tax, Is there a uniform, who owns the tools

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6
Q

VC v Barkleys

A

And independet contracter can never be an employee.

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7
Q

Was the role Akin to employment

A

Is the relationship similare to a employee employer relationship.

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8
Q

MXX v Secondary school

A

Therefore work experiance could be an akin.

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9
Q

Must be a close connection between the relationship and the wrong doing.

A

Jehovas Witnesses v BxB
VC v Morrison - There is no connection for deliberate acts against the employer

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10
Q

Stage 2

A

A tort has been commited - Trespass to the person or negligence.

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11
Q

Stage 3

A

Acts/ Torts commited are in the course of employment

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12
Q

Acts against orders

A

Liable
Limpus v London
Rose v Plenty

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13
Q

Careless act

A

Liable
century incurense v NI transport

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14
Q

Acts which are closely connected to your role

A

Liable
Lister v Hesly Hall

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15
Q

Acts which are done in paid travel time

A

Liable
Smith v stages

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16
Q

Frolic of his own

A

Not liable
Hilton v Burton - Unautherised breaks

17
Q

Acts are not closely connected

A

Not Liable
N v Meyerside police

18
Q

Outside the employment

A

Not Liable
Beard v London

19
Q

Unautherised lift that does not benift the employer

A

Not liable
Twine v Beans

20
Q

Yewens v Noakes

21
Q

Stephenson v Mc Donald

22
Q

Ready Mix Concrete

A

Economic reality

23
Q

MXX Secondary School

A

Work experience could be an akin

24
Q

VC v Barklays

A

An Independent contracter can not be an employee

25
VC v Morrisons
No Connection for acts done delibertly against employeer
26
Jehovas Wittneses v BXB
Jehovas wittness rapes some one whilst knocking on doors.
27
Limpus v London + Rose v Plenty
Acts done against orders
28
Centuary incuence v NI Transport
Careless act
29
Lister v Heslyhall + Mohamed v Morrison
Acts which are closely connected to your role
30
Smith v Stages
Acts done in paid travel time
31
Hilton v Burton
Frolic of his own - Unauthorised breaks
32
N v Meyerside police
Acts that are not closely connected
33
Beard v London
Outside employment
34
Twine v Beans
Unauthorised lifts that dont benefit the employeer
35