Nature and Purpose of Vicarious Liability (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Vicarious liability
Vicarious liability
Employer liable for employee torts during course of employment
Five incidents of vicarious liability
Five incidents of vicarious liability
Finance, on behalf of employer, business, risk creation, control
3 questions to establish vicarious liability
3 questions to establish vicarious liability
Tort committed? Employee status? Course of employment?
Salmond Test
Salmond Test
Test for whether employee acted in course of employment
Salmond Test: authorized acts
Salmond Test: authorized acts
Wrongful acts actually authorized by employer
Salmond Test: wrongful manner
Salmond Test: wrongful manner
Wrongful ways of doing authorized acts
When close connection test applies
When close connection test applies
When doubt about course of employment under Salmond Test
Close connection test examines
Close connection test examines
How closely tortious conduct relates to employee's work
Requirement for vicarious liability
Requirement for vicarious liability
All three questions must be answered YES
Christian Brothers case description
Christian Brothers case description
Lord Phillips said vicarious liability is 'on the move'