Vicarious Liability (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Vicarious liability definition
Vicarious liability definition
Employer liable for employee torts in course of employment
Course of employment test
Course of employment test
Whether employee performing employment duties when tort occurred
Fault principle criticism
Fault principle criticism
Employer blamed for employee acts - contradicts personal fault
Enterprise liability theory
Enterprise liability theory
Profit-makers should bear activity costs including accidents
Rose v Plenty (1976)
Rose v Plenty (1976)
Employer liable despite prohibiting practice that caused injury
Twine v Beans Express (1961)
Twine v Beans Express (1961)
Employer not liable - contrast to Rose v Plenty on prohibition
Employer's liability insurance role
Employer's liability insurance role
Ensures funds available to compensate injured parties
Financial capacity argument
Financial capacity argument
Employers have greater resources to compensate than employees
Standards promoted by vicarious liability
Standards promoted by vicarious liability
Training, safety procedures, supervision, insurance coverage
Core tension in vicarious liability
Core tension in vicarious liability
Personal fault vs economic capacity & control considerations