Vicarious Liability Lecture 11 Quiz
39 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Who is held liable in vicarious liability?

  • The independent contractor
  • The employee
  • The employer (correct)
  • The general public
  • What is the main justification for vicarious liability based on EAL?

  • Employee training
  • Economic efficiency (correct)
  • Employee selection
  • Employee benefits
  • According to Widgery LJ, who is not usually covered by vicarious liability?

  • Temporary employees
  • The employer's family members
  • Co-owners of the business
  • Independent contractors (correct)
  • In which case was Barclays Bank initially held liable under vicarious liability for a sexual assault?

    <p>Barclays Bank v Various Claimants (2018) (B)</p> Signup and view all the answers

    What is the primary form of liability?

    <p>Employee's personal liability (C)</p> Signup and view all the answers

    Based on employer's social responsibility, what should employers ensure regarding their employees?

    <p>Effective training and safe work practices (A)</p> Signup and view all the answers

    What duty do employers owe their employees according to the text?

    <p>Non-delegable personal duty (B)</p> Signup and view all the answers

    Why are employers considered best placed to compensate in vicarious liability?

    <p>'Employer-employee relationship' (B)</p> Signup and view all the answers

    'Vicarious liability is considered a secondary form of liability compared to which other form of liability?'

    <p>'Employer's direct liability' (D)</p> Signup and view all the answers

    'Who is responsible for carrying out pre-employment medical examinations in the case mentioned by Barclays Bank v Various Claimants?'

    <p>'Independent contractors' (D)</p> Signup and view all the answers

    What is the general notion of an 'employee' in the context of vicarious liability?

    <p>Someone working under a contract of employment (B)</p> Signup and view all the answers

    Which test focuses on whether the employer controls the employee's performance in the context of vicarious liability?

    <p>Control test (B)</p> Signup and view all the answers

    In the case of Steven, Jordan & Harrison v Macdonald & Evans, what does the integration test focus on?

    <p>Extent to which employees are integrated into the business of the employer (A)</p> Signup and view all the answers

    Which type of relationship is examined by the economic reality test in vicarious liability cases?

    <p>Working relationship in reality (D)</p> Signup and view all the answers

    What was the outcome of Ready Mixed Concrete (SE) Ltd v Ministers of Pensions regarding lorry drivers?

    <p>They were considered independent contractors (C)</p> Signup and view all the answers

    In Market Investigations Ltd v Minister of Social Security, what was one of the factors considered to determine employee status?

    <p>Degree of responsibility for management and investment (A)</p> Signup and view all the answers

    'Akin to employment' refers to a relationship that:

    <p>Is similar to an employment relationship but does not require formal employment (D)</p> Signup and view all the answers

    'Various Claimants v Catholic Child Welfare Society' established a two-stage test to determine what key aspect for vicarious liability?

    <p>Linking the relationship and the acts or omissions of the wrongdoer (A)</p> Signup and view all the answers

    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?

    <p>It was akin to employment despite not being an employment or contractual relationship (D)</p> Signup and view all the answers

    What are Lord Phillips' criteria for an act to be considered fair, just, and reasonable?

    <p>Five criteria (B)</p> Signup and view all the answers

    In the context of employment-related torts, what does the Lister test aim to determine?

    <p>Closeness of connection to employment (C)</p> Signup and view all the answers

    Which case resulted in the establishment of the Lister test for determining employer liability?

    <p>Lister v Hesley Hall Ltd (2001) (D)</p> Signup and view all the answers

    What does the Protection of Harassment Act 1997 apply to?

    <p>Managerial harassment of employees (B)</p> Signup and view all the answers

    What did the HoL establish regarding breach of statutory provisions in the context of employer liability?

    <p>Vicarious liability also applies (B)</p> Signup and view all the answers

    In what way does the Twine v Bean's Express Ltd (1946) case relate to employer liability?

    <p>'Employee must not be negligent' principle (C)</p> Signup and view all the answers

    How does the WM Morrison Supermarkets plc v Various Claimants (2020) case contribute to the understanding of employer liability?

    <p>'Field test' application (D)</p> Signup and view all the answers

    What was a key change brought about by Lister v Hesley Hall Ltd (2001) compared to previous tests?

    <p>'Close connection' emphasis over 'authorised acts' (A)</p> Signup and view all the answers

    In the context of employer liability, what does 'VL' refer to in the provided text?

    <p>'Vicarious liability' (D)</p> Signup and view all the answers

    Which case demonstrated that an employee's act, even if prohibited by the employer, could still result in employer liability under certain conditions?

    <p>'Twine v Bean's Express Ltd (1946)' (B)</p> Signup and view all the answers

    What is the key test used to determine if an employer is liable for the actions of an employee?

    <p>Lister test (D)</p> Signup and view all the answers

    In what case was the principle from Lister expanded to include breaches of equitable duty closely connected with the acts authorized for an employee?

    <p>Dubai Aluminum v Salaam and Ors (2003) (C)</p> Signup and view all the answers

    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?

    <p>Mohamud v VM Morrison Supermarkets (2016) (B)</p> Signup and view all the answers

    What did Lord Toulson emphasize in Mohamud v VM Morrison Supermarkets regarding determining employer liability?

    <p>The nature of the job and a connection to wrongful conduct (B)</p> Signup and view all the answers

    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?

    <p>Bellman v Northampton Recruitment (2018) (C)</p> Signup and view all the answers

    What is the primary criticism of the Lister test when it comes to determining employer liability?

    <p>Leaves value judgment with trial judges (D)</p> Signup and view all the answers

    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?

    <p>Credit Lyonnais Bank Nederland NV v Export Credits Guarantee Department (2000) (A)</p> Signup and view all the answers

    'Employer can recover damage they have paid' refers to which legal principle?

    <p>'Indemnity' (A)</p> Signup and view all the answers

    'Fact-sensitive nature of the test for VL' implies that determining vicarious liability is primarily:

    <p>A factual inquiry (A)</p> Signup and view all the answers

    'Course of employment' in legal terms refers to an employee's:

    <p>'Field of activities or responsibility' (C)</p> Signup and view all the answers

    More Like This

    Vicarious Liability Quiz
    10 questions

    Vicarious Liability Quiz

    ExuberantErudition avatar
    ExuberantErudition
    Vicarious Liability in Common Law
    30 questions
    Use Quizgecko on...
    Browser
    Browser