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10 Cards in this Set

  • Front
  • Back
is x an employee?
Tests?
Ready mix concrete
Multiple test
Ready mix concrete
-works for money
-agrees to some degree of control
- no other inconsistent
Multiple test
-own eqiupment
-financial risk
-resp. of job
-opportunity to profit
lee tin sang
being in business on ones own account
carmichael v national power
casual worker no V liability; worker who can refuse to take upon jobs.
Employees on loan.
Viasystems
Viasystems test
-paymaster
- power to dismiss
- period of loan
- everyday control
- who owns machinery
- avoidance of risk
- whose insurrance
In Course of employment?
Salmond test
1 wrongful act authorised by employer
2 wrongful and unauthorised mode of doing something which the employer had authorised.
Unauthorised way of doing something authorised
Century insurrance - cigarette lorry tanker
Clarity cleaners - long distance phone calls
Within the authorised limits of employment?
Feb test - furthering employers business
Smith & stages - travelling to and from home
deliberate wrongful act by employee?
limpus v london bus company - racing to stop
twine v breans express - husband, lift, died, expressively forbidden, not in course of work.
Rose v Plenty - milkman, hired boy, expressively forbidden, benefit copany, in course of work