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's torts during course of employment
Lord Phillips' financial justification for vicarious liability
Lord Phillips' financial justification for vicarious liability
Employer has greater resources & insurance to compensate victims
Three-step test: 1st question
Three-step test: 1st question
Was a tort committed?
What Ready Mixed Concrete test establishes
What Ready Mixed Concrete test establishes
Whether someone is an employee
Salmond Test: two categories of employer liability
Salmond Test: two categories of employer liability
Authorised wrongful acts & unauthorised modes of authorised acts
Close connection test purpose
Close connection test purpose
Assesses if tort sufficiently connected to employment duties
Morrison Supermarkets (2020) key ruling
Morrison Supermarkets (2020) key ruling
Personal vendetta/motives break employment connection
Phrase from Joel v Morison (1834) for acts outside employment
Phrase from Joel v Morison (1834) for acts outside employment
On a frolic of their own
Type of liability vicarious liability is
Type of liability vicarious liability is
Strict liability - no employer fault needs proving
Who can attract vicarious liability
Who can attract vicarious liability
Employees, not independent contractors