Podcast
Questions and Answers
Who is held liable in vicarious liability?
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?
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?
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?
In which case was Barclays Bank initially held liable under vicarious liability for a sexual assault?
What is the primary form of liability?
What is the primary form of liability?
Based on employer's social responsibility, what should employers ensure regarding their employees?
Based on employer's social responsibility, what should employers ensure regarding their employees?
What duty do employers owe their employees according to the text?
What duty do employers owe their employees according to the text?
Why are employers considered best placed to compensate in vicarious liability?
Why are employers considered best placed to compensate in vicarious liability?
'Vicarious liability is considered a secondary form of liability compared to which other form of liability?'
'Vicarious liability is considered a secondary form of liability compared to which other form of liability?'
'Who is responsible for carrying out pre-employment medical examinations in the case mentioned by Barclays Bank v Various Claimants?'
'Who is responsible for carrying out pre-employment medical examinations in the case mentioned by Barclays Bank v Various Claimants?'
What is the general notion of an 'employee' in the context of vicarious liability?
What is the general notion of an 'employee' in the context of vicarious liability?
Which test focuses on whether the employer controls the employee's performance in the context of vicarious liability?
Which test focuses on whether the employer controls the employee's performance in the context of vicarious liability?
In the case of Steven, Jordan & Harrison v Macdonald & Evans, what does the integration test focus on?
In the case of Steven, Jordan & Harrison v Macdonald & Evans, what does the integration test focus on?
Which type of relationship is examined by the economic reality test in vicarious liability cases?
Which type of relationship is examined by the economic reality test in vicarious liability cases?
What was the outcome of Ready Mixed Concrete (SE) Ltd v Ministers of Pensions regarding lorry drivers?
What was the outcome of Ready Mixed Concrete (SE) Ltd v Ministers of Pensions regarding lorry drivers?
In Market Investigations Ltd v Minister of Social Security, what was one of the factors considered to determine employee status?
In Market Investigations Ltd v Minister of Social Security, what was one of the factors considered to determine employee status?
'Akin to employment' refers to a relationship that:
'Akin to employment' refers to a relationship that:
'Various Claimants v Catholic Child Welfare Society' established a two-stage test to determine what key aspect for vicarious liability?
'Various Claimants v Catholic Child Welfare Society' established a two-stage test to determine what key aspect for vicarious liability?
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?
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?
What are Lord Phillips' criteria for an act to be considered fair, just, and reasonable?
What are Lord Phillips' criteria for an act to be considered fair, just, and reasonable?
In the context of employment-related torts, what does the Lister test aim to determine?
In the context of employment-related torts, what does the Lister test aim to determine?
Which case resulted in the establishment of the Lister test for determining employer liability?
Which case resulted in the establishment of the Lister test for determining employer liability?
What does the Protection of Harassment Act 1997 apply to?
What does the Protection of Harassment Act 1997 apply to?
What did the HoL establish regarding breach of statutory provisions in the context of employer liability?
What did the HoL establish regarding breach of statutory provisions in the context of employer liability?
In what way does the Twine v Bean's Express Ltd (1946) case relate to employer liability?
In what way does the Twine v Bean's Express Ltd (1946) case relate to employer liability?
How does the WM Morrison Supermarkets plc v Various Claimants (2020) case contribute to the understanding of employer liability?
How does the WM Morrison Supermarkets plc v Various Claimants (2020) case contribute to the understanding of employer liability?
What was a key change brought about by Lister v Hesley Hall Ltd (2001) compared to previous tests?
What was a key change brought about by Lister v Hesley Hall Ltd (2001) compared to previous tests?
In the context of employer liability, what does 'VL' refer to in the provided text?
In the context of employer liability, what does 'VL' refer to in the provided text?
Which case demonstrated that an employee's act, even if prohibited by the employer, could still result in employer liability under certain conditions?
Which case demonstrated that an employee's act, even if prohibited by the employer, could still result in employer liability under certain conditions?
What is the key test used to determine if an employer is liable for the actions of an employee?
What is the key test used to determine if an employer is liable for the actions of an employee?
In what case was the principle from Lister expanded to include breaches of equitable duty closely connected with the acts authorized for an employee?
In what case was the principle from Lister expanded to include breaches of equitable duty closely connected with the acts authorized for an employee?
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?
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?
What did Lord Toulson emphasize in Mohamud v VM Morrison Supermarkets regarding determining employer liability?
What did Lord Toulson emphasize in Mohamud v VM Morrison Supermarkets regarding determining employer liability?
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?
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?
What is the primary criticism of the Lister test when it comes to determining employer liability?
What is the primary criticism of the Lister test when it comes to determining employer liability?
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?
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?
'Employer can recover damage they have paid' refers to which legal principle?
'Employer can recover damage they have paid' refers to which legal principle?
'Fact-sensitive nature of the test for VL' implies that determining vicarious liability is primarily:
'Fact-sensitive nature of the test for VL' implies that determining vicarious liability is primarily:
'Course of employment' in legal terms refers to an employee's:
'Course of employment' in legal terms refers to an employee's:
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