Vicarious Liability Lecture 11 Quiz

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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

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