Employers liability and Vicarious Liability

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  • Created by: Emma13
  • Created on: 08-03-17 18:57
What is vicarious liability?
liability of one person for torts committed by another.
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What are the 3 elements of vicarious liability?
That the tort was committed by an employee not an independent contractor, during the course of their employment and there was a tort committed established in the usual way.
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What does an employer owe employees a duty to provide?
Safe fellow staff,safe equipment and safe system of work to have a safe place of work.
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What is the difference between vicarious liability and primary liability?
V.L is harm caused by Co-worker while P.L is cause of action from employer.
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Can there be V.L for self employed?
No, only in special circumstances.
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When can there be V.L for self employed?
Where the relationship is so close to that of an employee and employer.
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What did Ready-Mixed Concrete ltd establish?
Independent contractors cases, consider who provides tools,makes profit and is there a mutual obligation on each party. If there is enough control there is most likely an employee,employer relationship no I.C.
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What happens when an employee is hired by his general employer to a temp employer?
The general employer remains v.l unless can show control has passed to temp, it is possible for both gen employer and temp employer to be v.l.
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What does Mersey Docks & Habour Board establish?
the general employer remains v.l unless he can show that control over employee has passed to the temporary employer. This is a heavy burden to discharge.
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What does Viasystems ltd v Thermal transfer establish?
It is possible for both the general employer and temp employer to be v.l, where they are both entitled to exercise control over the employee.
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What is the Salmon test?
An employer will be v.l for; wrongful acts which he has authorised and wrongful and unauthorised modes of carrying out an authorised act.
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What did Century Insurance Company v Northern Ireland Transport Board establish?
Acting negligently does not necessarily take an employee outside the course of their employment.
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What happens when an employee disobeys instructions?
A prohibition may limit the scope of employment, or may only limit manner in which the employee is to do their job. Depends on the benefit gained for employer.
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What does Rose v Plenty establish?
Prohibition limiting manner of employment, employer found to be v.l as the employee was furthering the employers business.
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What does Twine v Bean's Express establish?
Prohibition limiting the scope of employment, act did not benefit employer as 'frolic of his own.' Employer not v.l.
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What does Lister v Hesley Hall establish?
deliberate wrongdoings, employees tort was so closely connected with their employment that it would be fair to hold employer v.l.
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What does Mohamed v Morrison establish?
Court should consider 2 matters for employers liability, 1 - nature of employees job and 2 - whether there was sufficient connection between the position in which he was employed and his wrongful conduct.
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What are the 4 aspects of employers D.O.C at work in negligence?
Premises, equipment, system of work and staff. Employer can also be personally liable for not providing competent staff.
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Does competent staff include independent contractors?
Yes, can't be v.l but can be in breach in negligence under safe system of work.
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What does Wilsons v Clyde Co establish?
Employer liable under negligence for breach of safe system of work. Non-delegable duty to provide safe system of work.
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What does Mcdermid v Nash Dredging establish?
Employer liable under negligence for breach of safe system of work. Non-delegable duty to provide safe system of work.
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What does Walker establish?
Employer's duty to provide a safe system of work extends to injury/illness caused by stress.
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What did Hatton v Sutherland establish?
threshold questions to establish if duty owed in relation to stress. Was the injury to health through stress at work r.f to employee.
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What did H v S say to consider in regard to the threshold question?
1.Nature and extent of work done by employee and 2. signs from employee himself. Employers allowed to take face value that employees can cope with pressure of job.
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What did Majrowski v Guy's and Thomas's NHS trust establish?
Employer can be v.l for bullying of employee to employee.
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Other cards in this set

Card 2

Front

What are the 3 elements of vicarious liability?

Back

That the tort was committed by an employee not an independent contractor, during the course of their employment and there was a tort committed established in the usual way.

Card 3

Front

What does an employer owe employees a duty to provide?

Back

Preview of the front of card 3

Card 4

Front

What is the difference between vicarious liability and primary liability?

Back

Preview of the front of card 4

Card 5

Front

Can there be V.L for self employed?

Back

Preview of the front of card 5
View more cards

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