VL Q2
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- Created by: Alia
- Created on: 11-06-13 15:44
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- Vicarious Liability Question 2
- Intro
- Vicarious Liability is where one party are held liable for the tortious acts of another
- Employee/employer relationship however Morgans v Launchbury
- 3 conditions which need to be met in order for an employer to be vicariously liable
- Must be an employee opposed to an independent contractor
- A tort must be committed.
- Must have happened within the course of employment
- Strict Liability, liability is found regardless of fault but no of tests demonstrate otherwise
- Vicarious Liability is where one party are held liable for the tortious acts of another
- 1st paragraph
- asses whether a person is an employee
- Frolic, H v TB, P v . Heavy criticisms due to harshness who is held liable hasn't actually committed the tort
- Deterrent as employers should be aware of their employees actions and should take care when they are looking to hire an employee.
- Frolic, H v TB, P v . Heavy criticisms due to harshness who is held liable hasn't actually committed the tort
- asses whether a person is an employee
- 2nd paragraph
- control test, Yewens v Noakes, mersey docks and viasystems
- Intergration Test - Stevenson v Jordans
- Economic Reality Test or Multiple test, Ready Mixed Concrete.. NI TAX AND OWNERSHIP OF TOOLS
- Intergration Test - Stevenson v Jordans
- control test, Yewens v Noakes, mersey docks and viasystems
- 3rd Paragraph
- Justifications + Non-Justifications
- Use case law to build up examples
- Trotman and lister - inconsistencies
- Man of straw - benefit employer - rose v plenty, twine v beans express
- Civil Liability Contribution Act claim back off their employess - Lister v Romford Ice
- Charity- Maga- negative implications on society - Trotman
- Close connection test
- Broaden the normal test and adds extra deterrent
- Use case law to build up examples
- Competent and reliable worker - more than capable of disciplining employees for unsafe practices.
- Century Insurance - unjustified when the employer incurs liability
- Justifications + Non-Justifications
- Conclusion
- Still injustice, inconsistent and not strict
- Untitled
- Still injustice, inconsistent and not strict
- Intro
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