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;
12 Cards in this Set
- Front
- Back
|
Define Vicarious Liability |
The doctrine of vicarious Liability imposes liability on one party for the wrongful acts of another. |
|
|
What type of liability is vicarious Liability most commonly applied to? |
Liability of employer for the torts of his employee |
|
|
Name one reason for imposing liability on an employer |
The employer is likely to have more funds than the employee. |
|
|
Name three requirements for the existence of vicarious liability |
1. A tort has been committed. 2. By an employee (there must be an employer/employee relationship or akin to employment. 3. The person who committed the tort was acting in the course of employment or was involved in an activity closely connected with his role in the organisation. |
|
|
Name the three tests when determining whether a person is an employee. |
1. The control test. 2. The organisation test. 3. The multiple test. |
|
|
Name the leading case on the control test. |
Yewens v Noakes 1880. |
|
|
Explain the organisation test |
This considers a person to be an employee if they are part of the organisation. |
|
|
Name the leading case in the multiple test. |
Ready mixed concrete (south East) Ltd v minister of pensions 1968. |
|
|
Describe the multiple test. |
This is based on the economic reality of the situation which means that the court will look at all the circumstances such as where and when he works, how he is paid etc. |
|
|
What is a frolic of one's own? |
When an employee is doing something outside his normal duties. |
|
|
A tortious act is held to be in the course of employment if it is either.... |
1. A wrongful act authorised by the employer. 2. A lawful act authorised by the employer but carried out in a wrongful and unauthorised way. 3. An act which is closely connected to the tortfeasors role in the organisation. |
|
|
If an employee or contractor is on loan from one organisation to another, who will be held vicariously liable? |
The organisation which has control over him at the time of the tort. |
