Testing Employment Status (AQA A-Level Law): Flashcards

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Testing employment status
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Salmond Test

Test for whether tort committed in course of employment

First Salmond Test category

Wrongful acts explicitly authorised by employer

Second Salmond Test category

Unauthorised ways of performing authorised tasks

When close connection test applies

When doubt exists about course of employment

Close connection test stage 1

What function/field did employer entrust to employee?

Close connection test stage 2

Is connection strong enough to make it fair and just?

Morrison Supermarkets (2020) key ruling

Personal vendetta/motive falls outside course of employment

'Frolic of their own' meaning

Acting outside course of employment

Origin of 'frolic of their own' concept

Joel v Morison (1834)

Course of employment

Scope of activities for which employers bear vicarious liability

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