VICARIOUS LIAB

Description

Flashcards on VICARIOUS LIAB, created by Tells Bell on 21/01/2015.
Tells Bell
Flashcards by Tells Bell, updated more than 1 year ago
Tells Bell
Created by Tells Bell over 9 years ago
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Resource summary

Question Answer
Ferguson v Dawson Partners employers only liable for acts of employees not indie contractors - tho 'labour only subcontractor' held as employee re treatment
Massey v Crown Life Insurance detailed written contract
Collins v Hertfordshire CC trad. control test - contract FOR v contract OF service/s - one case order task - other order task and manner
Cassidy v Ministry of Health control test is not universally true - intention matters when contract made
Ready Mixed Concrete v Minister of Pensions nature of employment test - employment contract v service contract
Stevenson, Jordan and Harrison Ltd. v McDonald and Evans 'integral part of business test' - if work is accessory to the business then indie contractor
Joel v Morison employer only liable for torts committed in the course of employment - 'frolic of their own'
Authorised Acts an employer will usually be liable for - wrongful acts authorised by him - wrongful modes of doing authorised acts
Limpus racing bus drivers d liable despite prohibition on racing
Bayley porter in course of employ injured passenger he believed on wrong train
Century Insurance v Northern Ireland Transport Board petrol tank driver threw away a match, caused explosion
Rose v Plenty milkman allowed kid assistant, injured by driving, against express instructions
Beard v London General Omnibus bus conductor drove negligently - d NOT liable
Twine v Bean's Express giving a lift was not in scope of employment - d not liable for fatal injuries hitchhiker sustained
Hilton v Thomas Burton workmen drove for tea, after lunch in pub. van overturned - d not liable
Keppel Bus v Ahmad passenger was assaulted by conductor - d not liable as conductor was insulting another passenger
ST v N Yorks CC deputy head sexually assaulted a student on a trip - the council had messed up
Morris v Martin fur coat nicked by cleaner employee - cleaners liable
Nahhas v Pier House Management porter nicked stuff from a flat - employers liable for hiring thief
Vasey v Surrey p attacked by doormen - d vicariously liable as in course of work
Lister v Hesley Hall prior to this case sexual abuse could not be found vic. liab. - relative closeness of employment and tort
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