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Quiz von Doxa Vassilios, aktualisiert more than 1 year ago
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Erstellt von Doxa Vassilios
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Frage 1
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What is Vicarious Liability?
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1. Is when D is responsible for the tort of another
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2. Is when D is responsible for his brother
Frage 2
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To establish vicarious what three requirements must be met?
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1. C must suffer injury due to the tort
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2. There must be a relationship between the person who commits the tort the tortfeaser T and D the claimant
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3. Must be a connection between tortious act/omission and the relationship
Frage 3
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When these are met what happens?
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1. D is liable for the tort even if D isn't at fault
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2. D isn't liable and T Is
Frage 4
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Second requirement ……………………………. Is usually what kind of relationship
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1. Relationship between the Claimant and defendant
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2. Relationship between the employer and employee
Frage 5
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The usual test is the what test?
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1. Control Test
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2. Salmond Test
Frage 6
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Who came up with this test?
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1. Mr Salmond
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2. Bramwell B in Yewens v Noakes 1880
Frage 7
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What did he say that an employee is?
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1. A person who can be commanded
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2. Someone who can be told what to do and how to do it
Frage 8
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Give an example of a case that highlights this
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1. Hawley v Liverpool Leisure
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2. Hawley V Luminar Leisure 2006
Frage 9
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However, when the situation is more complex what test may be used?
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1. Rose v Plenty Test
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2. Lister Test
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3. Multiple Test
Frage 10
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What does this test mean that the judge will do?
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1. The judge will look at multiple factors to decide if T is an employee
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2. The judge will declare that if T knows more than his employer his employer is automatically liable
Frage 11
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In Ready Mixed Concrete v Minister of Pensions and NI what factors showed the judge that T was not an employee.
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1. T owned the vehicle
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2. Maintained the vehicle
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3. Could hire another driver to do the work
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4. Was bringing in more customers than D
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5. Made up his own rules and orders
Frage 12
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Other very important factors that the judge will look at when deciding the multiple test are:
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1. Control- Is the employer in charge of the worker and the work being done?
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2. Personal Performance- The work is the sort that be delegated to another T is more likely to be an employee if so
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3. Mutuality of obligation- If both parties have obligations to each other e.g worker abiding by contract employer paying then he's more likely to be an employee
Frage 13
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Other factors the court may consider include:
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1. Is paid a regular salary or on commission
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2. Pays tax as an employee or as a self employed person
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3. Can delegate his work to another without permission
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4. Can contact his own customers
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5.Would be personally affected by his own management decisions
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6. Uses his own premises, equipment and helpers
Frage 14
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Third requirement …………………………..
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1. There must be a connection between the tortfeasor and the act committed
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2. There must be a connection between the tortfeasors act and the relationship
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3. There must be a connection between the tortfeasors omission and his employee status
Frage 15
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To show that the tort was committed when T was doing their job there are two requirements what are they?
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1. b) a wrongful and unauthorised mode of doing an act authorised by a master
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2. a) It is a wrongful act authorised by the master
Frage 16
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According to what test?
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1. Lister Test
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2. Salmond Test
Frage 17
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Example case includes
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1. Express and Echo Publications v Tanton
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2.Century insurance v Northern Ireland Road Transport Board
Frage 18
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In Various v Claimants CCWS the court found that in the cases where there is wrongdoing by employees a close connection exists if:
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1. D abused T
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2. D is in a position to use the employee to further business interests
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3. D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing
Frage 19
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Why was D not Vicariously Liable in Lister v Hesley Hall according to the Salmond test?
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1. D was not vicariously liable when applying the Salmond test because T was committing an unauthorised act by abusing boys in his care
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2. T wasn't vicariously liable because he commit an authorised act by doing his job
Frage 20
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What is the lister test?
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1. Where the acts of the employee are very closely linked to his employment making it fair and just for the employer to be liable
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2. Where the employer doesn't become liable for an unauthorised act T commits
Frage 21
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What did the courts decide in Lister?
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1. That T had completed an unauthorised act and D was not liable for such a tort
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2. It was decided that Torts had been committed on premises when T should have been caring for the children. A close enough connection established that D was vicariously liable
Frage 22
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What did the courts find in Various Claimants v CCWS? In Various v Claimants CCWS the court found that in the cases where there is wrongdoing by employees a close connection exists if:
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1. D is in a position to use the employee to further business interests
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2. . D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing
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D abused T
Frage 23
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When should you apply the Lister test?
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1. For other torts
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2. For criminal torts
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