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19 Cards in this Set
- Front
- Back
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Joint liability |
more than one wrongdoer - joint and several liability and several liability |
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joint and several liability |
two or more contributed to the commission of one delict and each person made a materail contribution |
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Who can the pursuer sue in joint and several liability? |
Either both parties or one party |
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Anderson v St Andrews Ambulance |
injury cannot be attributed more to one driver than the other, must bear the loss equally |
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several liability |
wrongful acts of two or more persons are not connected and so there is no common harmful result |
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Hook v McCallum |
husband and wife abusing a maid verbally |
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Steven v Broady |
RTA killed son. First case did not produce compensation and so he could move onto a second claim. Once full damages have been paid, the remedy is exhausted |
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Balfour v Braid |
sued one employer and won. Then sued another but lost as he had already been fully compensated |
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vicarious liability |
one person held liable for the wrongful acts or omissions of another |
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Lister v Romford Ice and Cold Storage |
driver took father with him on journey and ended up in an RTA where father was injured. Father sued company and won |
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3 conditions of vicarious liability |
1. employer-employee relationship 2. employee must be at fault 3. employee must have been working within the scope of employment |
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Yewans v Noakes |
control test used to be used to ascertain employment relationship |
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multiple test |
due to inadequacies of the control test |
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Ready Mixed-Concrete Ltd v MPNI |
driver owned truck and so seemed to be an independent contractor. Truck was in company colours and must wear uniform. The company also financed the truck. |
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Lister |
leading case for scope |
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Kirby |
the former precedent saw a traditional test being used |
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Kirby test |
1. master authorised the act - liable 2. does work in an unauthorised way - liable 3. does something outside scope - not liable 4. uses masters tools, time or place - not liable |
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Taylor v Glasgow District Council |
corrupt police man produced fake documents - held was doing work in an unauthorised work and so master was liable |
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Rose v Plenty |
Driver of milk float paid boys to distribute milk. Company told him not to but continued to do so. One boy fell and injured himself and it was held that he was doing work in an unauthorised way and so master was liable. |
