Liability of an employer to employee or third party. NOT A TORT but a legal mechanism for holding employers liable for employees tort
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Requirements of vicarious liability?
1. Employee, 2. Tort, 3. Cause of action
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2 elements of Statutory Duty?
Intention of parliament (does the statute give rise to a claim?), what is the scope of protection?
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Standard of care require in Statutory duty?
burden on D = absolute
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Case analysis of Statutory duty?
1. Who is the claimant? (who is protected) 2. Who is defendant? (on whom is the duty imposed) 3. What damage does the statute cover? (what harm is protected against?) 4. What must C prove to establish the claim? (what is the content of statutory duty
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