Tort Law

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4 Terms

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Vicarious liability

A form of strict liability where one party, usually an employer, is held liable for tort committed by another, usually an employee, in the course of employment (Hensley Hall [2001])

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Elements to establish vicarious liability

  1. Tort committed by tortfeasor

  2. Relationship between defendant and tortfeasor

  3. Tort committed in the course of employment/ sufficiently connected to the relationship

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Test for employer- employee relationship

The control test

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The control test

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