Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
what is a tortfeasor |
the person that committed the tort |
|
|
how does vicarious liability work in the workplace |
employer is liable for wrongs committed by an employee in the course of their employment |
|
|
what is the principle of vicarious liability at odds with |
the principle of corrective justice whereby liability for any wrongdoing is imposed on and only on the wrongdoer |
|
|
what case says the principle of vicarious liability has been developed on ideas of social convenience and rough justice |
Imperial Chemical Industries Ltd v Shatwell |
|
|
what are some justifications for the imposition of vicarious liability |
employer likely to be in a position to compensate C tort committed under enterprise liability, or delegation of task arguments employer takes on risk by employing employee vicarious liability is an incentive ensuring employers maintain standards of good practice |
|
|
what conditions must be met for an employer to be held vicariously liable |
employer-employee relationship employee committed the tortious act while under the course of their employment |
|
|
what conditions must be met for an employer to be held vicariously liable |
employer-employee relationship employee committed the tortious act while under the course of their employment |
|
|
what conditions must be met for an employer to be held vicariously liable |
employer-employee relationship employee committed the tortious act while under the course of their employment |
|
|
what are examples of services being provided where ur not in an employer-employee relationship |
hiring a plumber to mend ur toilet Uber drivers |
|
|
what was held in Woodland v Essex County Council |
Lady Hale and 3 swimming girls analogy. responsibility of the school is not discharged simply by choosing competent people to do it school remains personally responsible to see that care is taken in doing it |
|
|
what case shows the courts determining who is an employee by examining the level of control and employer exercised over what an employee does and how an employee does it |
Stephenson Jordan & Harrison Ltd v McDonall & Evans |
|
|
whats the biggest criticism of this approach of determining who is an employee |
its outdated |
|
|
what case is an example of other factors a court may consider when examining if someones an employee |
JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust the extent to which the worker is managed or accountable the centrality of their activities to the enterprise of the employer integration of their activities to the employer’s business |
|
|
in what case was a school and an institute held vicariously liable for the sexual and physical abuse by members of a Catholic group |
Various Claimants v Catholic Child Welfare Society and others |
|
|
why were the catholic group members considered as constituting employees in the eyes of the SC in Various Claimants v Catholic Child Welfare Society |
the vow the brothers gave operated in the same way as a contract between them and the institute the work the brothers did was done in furtherance of the institutes mission and in accordance with its rules |
|
|
in which case was the ‘akin to employment’ principle confirmed |
Cox v Ministry of Justice |
|
|
what case is an example of an employer being liable for an employees intentional acts including battery |
Mattis v Pollock |
|
|
what case is an example of an employer being held liable for an employees sexual assaults |
Lister v Hesley Hall Ltd |
|
|
what case is an example of an employer being held liable for an employee stealing |
Morris v CW Martin |
|
|
what case is an example of employers being held liable for their employees harassment |
Majrowski v Guy’s and St Thomas’ NHS Trust |
|
|
why was Majrowski successful in his claim against his employer based on vicarious liability |
the rationale also holds good for a wrong comprising a breach of statutory duty or prohibition (Protection from Harassment Act 1997) which gives rise to civil liability |
|
|
which case established the modern test to see if a tort was committed in the course of employment |
Lister v Hesley Hall Ltd : close connection test |
|
|
who says the close connection test just prompts further questions and that its application is difficult |
Paula Giliker |
|
|
what happened in Mohamoud v WM Morrison Supermarkets plc |
petrol station attendant assaulted C in an unprovoked attack while at work |
|
|
what 2 matters did the court have to consider in Mohamoud v WM Morrison Supermarkets plc |
nature of the employees job whether there was sufficient connection between his position of employment and the wrongful conduct |
