Vicarious liability
- Created by: ElleW88
- Created on: 11-12-19 20:15
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- Vicarious Liability
- A commits the tort against B, but because A's relationship with C and the Circumstances in which the tort is committed, C is also liable i.e. Jointly with A
- Personal liability in cases of non-delegable duties: A does certain acts towards B which puts X in breach of C's own duty to B. Regardless of whether A has committed a tort. A's acts mean that C has committed a tort against B.
- Young v Edward Box & co 1951
- Duncan v Finlater 1839
- Dubai Aluminium v Salaam
- Personal liability in cases of non-delegable duties: A does certain acts towards B which puts X in breach of C's own duty to B. Regardless of whether A has committed a tort. A's acts mean that C has committed a tort against B.
- Is the tortfeasor an employee?
- The Control Test
- The contract of service and the contract of services
- Performing Rights Society v Mitchell & Booker 1924
- Collins v Herfordshire C.C. 1947
- Characteristics of the contract of service
- Short v Henderson 1946
- Power of selection
- Payment of wages
- Control of method of doing the work
- Right of suspension or dismissal
- Integration
- Stevenson, Jordan and Harrison v Macdonald
- The contract of service and the contract of services
- The Pragmatic Approach
- Ready mixed Concrete Ltd v Min. of Pensions 1968
- Lane v Shire Roofing 1995
- Mor than one employer
- Mersey Docks and Harbour Board v Coggins & Griffith
- The Control Test
- Is he acting in the course of his employment
- Definition
- A wrongful act authorised by the employer; or a wrongful and unauthorised mode of doing some act authorised be the employer
- Detours
- Storey v Ashton 1869
- Carelessness
- Century Insurance v N.I.R.T.B 1942
- Mistakes
- Bayley v Manchester etc. Railway 1873
- Outside the course of employment
- Beard v London General Omnibus Co 1900
- Acts reasonably Incidental
- Kay v I.T.W 1966
- Poland v Parr 1927
- Kay v I.T.W 1966
- Express Prohibitation
- Rose v Plenty 1976
- Criminal Acts
- Lister v Hesley Hall 2002
- Maga v Birmingham Roman Catholic Archiocese Trustees 2010
- Lister v Hesley Hall 2002
- Employer's Indemnity
- Lister v Romford Ice &Cold Storage Ltd 1957
- Definition
- A commits the tort against B, but because A's relationship with C and the Circumstances in which the tort is committed, C is also liable i.e. Jointly with A
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