Vicarious Liability in Common Law
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Questions and Answers

When did the doctrine of vicarious liability have its core elements determined?

  • In the post-Victorian era
  • In the early common law era
  • In the present century
  • In the Victorian era (correct)

    • What has been happening to the reach of the doctrine of vicarious liability since the start of the present century?

  • It has been expanding gradually
  • It has been expanding markedly (correct)
  • It has remained the same
  • It has been shrinking

    • What is the main difference between a standard duty and a non-delegable duty?

  • The type of relationship involved
  • The extent of liability
  • The extent of responsibility to ensure care is taken by another person (correct)
  • The level of care required

    • What is the purpose of examining the concept of the non-delegable duty in relation to vicarious liability?

    <p>To identify the relevant policy concerns and determine where the law should stop</p> Signup and view all the answers

    What is the 'close connection test' related to in the context of vicarious liability?

    <p>Determining the nature of the relationship between the parties</p> Signup and view all the answers

    What is the ultimate aim of the article?

    <p>To identify the relevant policy concerns and determine where the law should stop</p> Signup and view all the answers

    What was the primary responsibility of the local authority according to Lord Reed?

    <p>To arrange for and monitor the performance of daily care</p> Signup and view all the answers

    What is a key difference between the law of negligence and the position of public authorities in tort?

    <p>Public authorities are subject to the same liabilities in tort as private individuals</p> Signup and view all the answers

    What is a factor that can point in favour of liability, according to Lord Reed?

    <p>The risk creation by the local authority</p> Signup and view all the answers

    What is the significance of the local authority's statutory duties and powers in relation to vicarious liability?

    <p>They support the imposition of vicarious liability</p> Signup and view all the answers

    What is the relevance of the local authority's 'deeper pockets' in the context of liability?

    <p>It is a strong argument in favour of liability</p> Signup and view all the answers

    What is the significance of the foster parents in relation to the local authority's child care services?

    <p>They are an integral part of the local authority's child care services</p> Signup and view all the answers

    What is the main focus of the inquiry in the High Court?

    <p>Employment-created risk</p> Signup and view all the answers

    What type of misconduct is considered a wrongful mode of doing authorised work?

    <p>Negligent misconduct</p> Signup and view all the answers

    Who delivered a brief concurring judgment in the case?

    <p>Gageler and Gordon JJ</p> Signup and view all the answers

    What did the Supreme Court of Canada hold regarding the relationship between a bishop and a priest in a diocese?

    <p>Akin to an employment relationship</p> Signup and view all the answers

    What was the outcome of the case concerning the sexual abuse at the Prince Alfred College?

    <p>The claimant was denied permission to extend the limitation period</p> Signup and view all the answers

    What was the test expressed by Ward LJ in the E v English Province of Our Lady of Charity case?

    <p>Whether the tortfeasor bore a sufficiently close resemblance and affinity in character to a true employee</p> Signup and view all the answers

    Why did the claimant seek to have the limitation period for bringing an action extended?

    <p>Because his psychiatric condition worsened and his financial situation became desperate</p> Signup and view all the answers

    In what year did the Supreme Court of Canada make the decision in the 2004 SCC 17 case?

    <p>2004</p> Signup and view all the answers

    What was the result of the settlement offered by the Prince Alfred College?

    <p>The claimant accepted the settlement but later changed his mind</p> Signup and view all the answers

    What was the result of the English Court of Appeal's decision in E v English Province of Our Lady of Charity?

    <p>The creation of a new category of vicarious liability</p> Signup and view all the answers

    What was the position of the tortfeasor in the E v English Province of Our Lady of Charity case?

    <p>A priest for the parish in which the children's home was situated</p> Signup and view all the answers

    What was the relationship between the tortfeasor and the bishop in the E v English Province of Our Lady of Charity case?

    <p>The tortfeasor was accountable to the bishop</p> Signup and view all the answers

    What is the basis of Lord Macnaghten's decision on principal liability?

    <p>The agent's fraud was closely connected with his position.</p> Signup and view all the answers

    In what case did the UK Supreme Court recognize the close connection test?

    <p>Mohamud v WM Morrison Supermarkets plc</p> Signup and view all the answers

    What was the outcome of the Mohamud v WM Morrison Supermarkets plc case?

    <p>The defendant was found liable for the actions of their employee.</p> Signup and view all the answers

    What was the occupation of the defendant's employee in the Mohamud v WM Morrison Supermarkets plc case?

    <p>Kiosk worker</p> Signup and view all the answers

    What did the claimant want to do in the Mohamud v WM Morrison Supermarkets plc case?

    <p>Print documents from a USB stick</p> Signup and view all the answers

    What type of language did the defendant's employee use in the Mohamud v WM Morrison Supermarkets plc case?

    <p>Foul, racist, and threatening</p> Signup and view all the answers

    Study Notes

    Vicarious Liability

    • The doctrine of vicarious liability has its roots in the early common law, with its core elements determined in the Victorian era.
    • The ambit of the doctrine remained fairly settled until around the start of the present century, but since then its reach has been expanding markedly.

    Expansion of Vicarious Liability

    • The Supreme Court of Canada held that the relationship between a bishop and a priest in a diocese was akin to an employment relationship, and that vicarious liability could be imposed (E v English Province of Our Lady of Charity).
    • The Court of Appeal in England also decided that vicarious liability could be imposed, where the tortfeasor bore a sufficiently close resemblance and affinity in character to a true employee (Ward LJ).

    Conditions for Vicarious Liability

    • The test for vicarious liability is whether the tortfeasor's wrongdoing is a wrongful mode of doing authorised work.
    • The question of whether intentional misconduct can be considered a wrongful mode of doing authorised work is more complex.

    Non-Delegable Duties

    • A non-delegable duty is imposed exceptionally, where the duty is not simply to take care but, more onerously, extends to care being taken by another person to whom the task of performing the defendant's duty has been delegated.
    • The concept of non-delegable duties relates to vicarious liability, and they can overlap in certain circumstances.

    Examples of Vicarious Liability

    • In Deatons Pty Ltd v Flew, the High Court of Australia held that a school was vicariously liable for the sexual abuse of a pupil by a housemaster.
    • In Cox, the House of Lords held that a local authority was not vicariously liable for the abuse of a child in foster care.
    • In Armes, the Supreme Court held that a local authority was vicariously liable for the abuse of a child in its care.

    Policy Concerns

    • The expansion of vicarious liability raises policy concerns, including the question of where it ought to stop.
    • Factors to consider in determining vicarious liability include the creation of risk, the relationship between the parties, and the nature of the wrongdoing.

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    Description

    Explore the evolution of vicarious liability, from its roots in early common law to its expanding reach in the present century. This quiz delves into the core elements of the doctrine and its significant changes over time.

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