39 Questions
Who is held liable in vicarious liability?
The employer
What is the main justification for vicarious liability based on EAL?
Economic efficiency
According to Widgery LJ, who is not usually covered by vicarious liability?
Independent contractors
In which case was Barclays Bank initially held liable under vicarious liability for a sexual assault?
Barclays Bank v Various Claimants (2018)
What is the primary form of liability?
Employee's personal liability
Based on employer's social responsibility, what should employers ensure regarding their employees?
Effective training and safe work practices
What duty do employers owe their employees according to the text?
Non-delegable personal duty
Why are employers considered best placed to compensate in vicarious liability?
'Employer-employee relationship'
'Vicarious liability is considered a secondary form of liability compared to which other form of liability?'
'Employer's direct liability'
'Who is responsible for carrying out pre-employment medical examinations in the case mentioned by Barclays Bank v Various Claimants?'
'Independent contractors'
What is the general notion of an 'employee' in the context of vicarious liability?
Someone working under a contract of employment
Which test focuses on whether the employer controls the employee's performance in the context of vicarious liability?
Control test
In the case of Steven, Jordan & Harrison v Macdonald & Evans, what does the integration test focus on?
Extent to which employees are integrated into the business of the employer
Which type of relationship is examined by the economic reality test in vicarious liability cases?
Working relationship in reality
What was the outcome of Ready Mixed Concrete (SE) Ltd v Ministers of Pensions regarding lorry drivers?
They were considered independent contractors
In Market Investigations Ltd v Minister of Social Security, what was one of the factors considered to determine employee status?
Degree of responsibility for management and investment
'Akin to employment' refers to a relationship that:
Is similar to an employment relationship but does not require formal employment
'Various Claimants v Catholic Child Welfare Society' established a two-stage test to determine what key aspect for vicarious liability?
Linking the relationship and the acts or omissions of the wrongdoer
In JGE v Trustees of the Portsmouth Roman Catholic Diocesan Trust, what was Lord Justice Davis's conclusion about the relationship between the bishop and Father Baldwin?
It was akin to employment despite not being an employment or contractual relationship
What are Lord Phillips' criteria for an act to be considered fair, just, and reasonable?
Five criteria
In the context of employment-related torts, what does the Lister test aim to determine?
Closeness of connection to employment
Which case resulted in the establishment of the Lister test for determining employer liability?
Lister v Hesley Hall Ltd (2001)
What does the Protection of Harassment Act 1997 apply to?
Managerial harassment of employees
What did the HoL establish regarding breach of statutory provisions in the context of employer liability?
Vicarious liability also applies
In what way does the Twine v Bean's Express Ltd (1946) case relate to employer liability?
'Employee must not be negligent' principle
How does the WM Morrison Supermarkets plc v Various Claimants (2020) case contribute to the understanding of employer liability?
'Field test' application
What was a key change brought about by Lister v Hesley Hall Ltd (2001) compared to previous tests?
'Close connection' emphasis over 'authorised acts'
In the context of employer liability, what does 'VL' refer to in the provided text?
'Vicarious liability'
Which case demonstrated that an employee's act, even if prohibited by the employer, could still result in employer liability under certain conditions?
'Twine v Bean's Express Ltd (1946)'
What is the key test used to determine if an employer is liable for the actions of an employee?
Lister test
In what case was the principle from Lister expanded to include breaches of equitable duty closely connected with the acts authorized for an employee?
Dubai Aluminum v Salaam and Ors (2003)
Which Supreme Court case allowed the appeal in an unprovoked racist and physical attack on a customer, emphasizing the nature of the job and a sufficient connection between employment and wrongful conduct?
Mohamud v VM Morrison Supermarkets (2016)
What did Lord Toulson emphasize in Mohamud v VM Morrison Supermarkets regarding determining employer liability?
The nature of the job and a connection to wrongful conduct
Which case involved a managing director punching an employee at an after-party, leading to serious brain damage, and applied Lord Toulson's reasoning in Mohamud?
Bellman v Northampton Recruitment (2018)
What is the primary criticism of the Lister test when it comes to determining employer liability?
Leaves value judgment with trial judges
In which case was it highlighted that employer liability does not automatically apply when employment provides an opportunity for an employee to commit a tort?
Credit Lyonnais Bank Nederland NV v Export Credits Guarantee Department (2000)
'Employer can recover damage they have paid' refers to which legal principle?
'Indemnity'
'Fact-sensitive nature of the test for VL' implies that determining vicarious liability is primarily:
A factual inquiry
'Course of employment' in legal terms refers to an employee's:
'Field of activities or responsibility'
Test your knowledge on vicarious liability, where employers can be held liable for the actions of their employees committed during the course of their employment. Understand the concept of being held responsible for the actions of another based on policy considerations.
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