vicarious liability- TORT

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9 Terms

1
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vicarious liability

employee commits a tort during their employment

2
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yewen v noakes

  • control test

  • employee is controlled by the employer i.e the working hours, the role of the job etc

3
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barclays bank plc v various claimants

  • independant contractor test

  • is there a relationship between d’ and tortfeasor

  • is there a close connection between employment and the tort committed.

4
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stevenson, jordan, and harrison ltd v macdonald and evans

  • integrated test

  • e.g.nurse is integrated to work at a hospital

5
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limpus

  • acting against orders

6
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lister v hesley hall

  • when an employee commits a criminal act.

  • close connection between what employee was mean t to do and the crime committed

  • e.g. a guard is at the mall and sees cash on the floor. if he picks it up knowingly then he has committed a criminal act

7
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century insurance co. ltd v northern ireland road transport board

employee commits a negligent act

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hilton v thomas burton

employee acting as a frolic of his own

i.e. somebody engages in personal activities that is totally unrelated to work

9
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rose v plenty

acting against orders as long as it serves the interest of the business