Vicarious Liability (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Two-stage test for course of employment
Two-stage test for course of employment
- Nature of job 2) Close connection between position & conduct
Morrison Supermarkets 2020 - personal vendetta effect
Morrison Supermarkets 2020 - personal vendetta effect
Did not satisfy close connection test; not furthering employer
Frolic of their own meaning
Frolic of their own meaning
Employee acting outside course of employment
Vicarious liability fault requirement
Vicarious liability fault requirement
No fault - no fault needs to be proved against employer
Civil Liability (Contribution) Act 1978 allows
Civil Liability (Contribution) Act 1978 allows
Employer to recover compensation from employee via wage deduction
Deep pockets principle in vicarious liability
Deep pockets principle in vicarious liability
Victims can obtain compensation from defendant with resources
Traditional rule on independent contractor liability
Traditional rule on independent contractor liability
Only liable for employees, not independent contractors
Cox v Ministry of Justice 2016 outcome
Cox v Ministry of Justice 2016 outcome
Prisoner treated as 'employee' - relationship akin to employment
Barclays Bank 2020: independent business test
Barclays Bank 2020: independent business test
If tortfeasor runs own independent business, no vicarious liability
Mohamud v WM Morrison 2016 - assault case result
Mohamud v WM Morrison 2016 - assault case result
Yes - sufficient connection between role and wrongful conduct