VL AO3 Flashcards
(12 cards)
akin to employment test point
the akin to employment test has been broadly interpreted by the courts. This means that in less traditional relationships liability can be determined and the claimant can receive justice
akin to employment test development
Christian brothers case - abused had no choice but to sue perpetrators because they were dead. This means justice could be served - court understands importance of protecting victims under test
akin to employment eval
courts also ruled that other non traditional employment situations such as cox and armes are vicarious. This means protection of victims is important
deeper pockets point
positive because c is more likely to receive compen. because deeper pockets. This means aim satisfied because c compensated
deeper pockets development
employer may have insurance. this means no huge detriment
deeper pockets eval
employer can use civil liability act 1978 to recover damages from employee. this means interests more balanced as T will face consequences
training point
employer responsible for training and has control. this means it is fair if they are sued due to negligent act if it is training concern
training development
business may spend more money and resources on training if employer is accountable for t not being trained. this means standards will be raised
training evaluation
negative because t may commit tort negligently regardless of training. this means employers may have a lack of control but still be sued
frolic point
d is not liable if t is on a frolic. this means limit to liability when d has no control so fair
frolic development
Hilton - T was on unauthorised break when killed C. employer was not liable. this means law is applied fairly because t does not have permission
frolic evaluation
however when t is acting against orders this is still classed as during course of employ. this means law is applied harshly as d has no control over t if they ignore
(Limpus)
