14548413
Descripción
Test por Doxa Vassilios, actualizado hace más de 1 año
|
Creado por Doxa Vassilios
hace más de 6 años
|
|
Pregunta 1
Pregunta
What is Vicarious Liability?
Respuesta
-
1. Is when D is responsible for the tort of another
-
2. Is when D is responsible for his brother
Pregunta 2
Pregunta
To establish vicarious what three requirements must be met?
Respuesta
-
1. C must suffer injury due to the tort
-
2. There must be a relationship between the person who commits the tort the tortfeaser T and D the claimant
-
3. Must be a connection between tortious act/omission and the relationship
Pregunta 3
Pregunta
When these are met what happens?
Respuesta
-
1. D is liable for the tort even if D isn't at fault
-
2. D isn't liable and T Is
Pregunta 4
Pregunta
Second requirement ……………………………. Is usually what kind of relationship
Respuesta
-
1. Relationship between the Claimant and defendant
-
2. Relationship between the employer and employee
Pregunta 5
Pregunta
The usual test is the what test?
Respuesta
-
1. Control Test
-
2. Salmond Test
Pregunta 6
Pregunta
Who came up with this test?
Respuesta
-
1. Mr Salmond
-
2. Bramwell B in Yewens v Noakes 1880
Pregunta 7
Pregunta
What did he say that an employee is?
Respuesta
-
1. A person who can be commanded
-
2. Someone who can be told what to do and how to do it
Pregunta 8
Pregunta
Give an example of a case that highlights this
Respuesta
-
1. Hawley v Liverpool Leisure
-
2. Hawley V Luminar Leisure 2006
Pregunta 9
Pregunta
However, when the situation is more complex what test may be used?
Respuesta
-
1. Rose v Plenty Test
-
2. Lister Test
-
3. Multiple Test
Pregunta 10
Pregunta
What does this test mean that the judge will do?
Respuesta
-
1. The judge will look at multiple factors to decide if T is an employee
-
2. The judge will declare that if T knows more than his employer his employer is automatically liable
Pregunta 11
Pregunta
In Ready Mixed Concrete v Minister of Pensions and NI what factors showed the judge that T was not an employee.
Respuesta
-
1. T owned the vehicle
-
2. Maintained the vehicle
-
3. Could hire another driver to do the work
-
4. Was bringing in more customers than D
-
5. Made up his own rules and orders
Pregunta 12
Pregunta
Other very important factors that the judge will look at when deciding the multiple test are:
Respuesta
-
1. Control- Is the employer in charge of the worker and the work being done?
-
2. Personal Performance- The work is the sort that be delegated to another T is more likely to be an employee if so
-
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
Pregunta 13
Pregunta
Other factors the court may consider include:
Respuesta
-
1. Is paid a regular salary or on commission
-
2. Pays tax as an employee or as a self employed person
-
3. Can delegate his work to another without permission
-
4. Can contact his own customers
-
5.Would be personally affected by his own management decisions
-
6. Uses his own premises, equipment and helpers
Pregunta 14
Pregunta
Third requirement …………………………..
Respuesta
-
1. There must be a connection between the tortfeasor and the act committed
-
2. There must be a connection between the tortfeasors act and the relationship
-
3. There must be a connection between the tortfeasors omission and his employee status
Pregunta 15
Pregunta
To show that the tort was committed when T was doing their job there are two requirements what are they?
Respuesta
-
1. b) a wrongful and unauthorised mode of doing an act authorised by a master
-
2. a) It is a wrongful act authorised by the master
Pregunta 16
Pregunta
According to what test?
Respuesta
-
1. Lister Test
-
2. Salmond Test
Pregunta 17
Pregunta
Example case includes
Respuesta
-
1. Express and Echo Publications v Tanton
-
2.Century insurance v Northern Ireland Road Transport Board
Pregunta 18
Pregunta
In Various v Claimants CCWS the court found that in the cases where there is wrongdoing by employees a close connection exists if:
Respuesta
-
1. D abused T
-
2. D is in a position to use the employee to further business interests
-
3. D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing
Pregunta 19
Pregunta
Why was D not Vicariously Liable in Lister v Hesley Hall according to the Salmond test?
Respuesta
-
1. D was not vicariously liable when applying the Salmond test because T was committing an unauthorised act by abusing boys in his care
-
2. T wasn't vicariously liable because he commit an authorised act by doing his job
Pregunta 20
Pregunta
What is the lister test?
Respuesta
-
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
-
2. Where the employer doesn't become liable for an unauthorised act T commits
Pregunta 21
Pregunta
What did the courts decide in Lister?
Respuesta
-
1. That T had completed an unauthorised act and D was not liable for such a tort
-
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
Pregunta 22
Pregunta
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:
Respuesta
-
1. D is in a position to use the employee to further business interests
-
2. . D has done so in a way that created or significantly enhanced the risk that victims would suffer the wrongdoing
-
D abused T
Pregunta 23
Pregunta
When should you apply the Lister test?
Respuesta
-
1. For other torts
-
2. For criminal torts
¿Quieres crear tus propios Tests gratis con GoConqr? Más información.