Related Essays

  • Vicarious Liability Case Study

    In the context of employment English tort law imposes vicarious liability upon employers for the misconduct and failings of employees where the misconduct is...

  • Wm Morrison Supermarkets Case Analysis

    Lord Dyson quotation is taken from the case of AM Mohamud v WM Morison Supermarkets and the issue is that of the validity of ‘close connection test’ in vica...

  • Internet At Work: Policy Proposals Paper

    Unless, the liability can be redirected to the employee if the employer can prove the employee was in

  • Chow Ltd Vs. Salomon's Case

    A parent company might face in obligation to subsidiary's employees based on the parent company itself that have duty of care to the employee under the law o...

  • Vicarious Liability Case Summary

    Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexi...

  • Vicarious Liability

    Student No. 190824 Veg v. Duncan and News Vicarious Liability rest on a special relationship between the tort feasor and the person to whom the tortious con...

  • King's Restaurant: Vicarious Liability

    The employer is, therefore liable for the torts of his employee. This liability only arises while the found favour with the courts

  • Cart Corporation Case Study

    A) limited exemption B) conditional exemption C) limited organizational liability D) unlimited personal liability 10. On the advice of her colleague, Stace...

  • Employee Retaliation In The Workplace

    First, the employee must show that the act they were involved in was protected under the law, Lisa’s was. Second, the employer had to commit some sort of ac...

  • Two Tests For Negligence

    In the laws of the tort of negligence statute, two tests are used to determine a case in the courts. These are the but for and the material causation tests. ...

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/10

Click to flip

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;

10 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)

What is VL?

Responsibility from employer to employee

eg: Adams drinking

3 tests to prove VL?

1. Employee committed negligent act


2. They are under contract or employment


3. Negligent act happened during contract or employment

What, are they, when

What is the definition of employee?

Someone who is under contract from the employer

Under

What are the 3 tests to prove employee is an employee?

1. Control test


2. Economic reality test


3. Integration test

CEI

What does the control growth test mean?

More control over an employee more likely to be an employee

Performing rights society v Mitchell

What does the integration test mean?

How important are the aims of the business

Important

What are the 2 parts to the integration test?

What are the aims of the business?


Does the employee represent them?

Cox v MOJ


Prison kitchen injured employee?


Technically volunteer


Supported aims = employee

What is the economic reality test?

Looks at the employees contract

What are the 3 considerations of the economic reality test?

1. Paid for skill?


2. Employee has to follow reasonable instructions


3. They get other rights like sick pay

Coin, instruct, ill

Don't forget mini conclusion which asks?

Is employee an employee?

Mohamed v Morrisons - likely an employee