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Vicarious Liability - Statistics
General Stats
- This quiz has been taken 0 times
- The average score is 0 of 24
Answer Stats
| Hint | Answer | % Correct |
|---|---|---|
| Only an employee can create vicarious liability for an employer. An independent contractor cannot. | Barclays v Various Claimants | 0%
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| Individuals who work on a casual, as-needed basis without mutual obligations are not employees | Carmichael v National Power | 0%
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| If VL is established, the employer will be ordered to pay compensation, though under the _________, the employer can recover any compensation from the employee, e.g. deduction from wages. | Civil Liability Act | 0%
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| Courts will look at the true nature of the working relationship, not merely the labels or wording used in the contract. | Ferguson v Dawson | 0%
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| An employee will be found to have been acting during the course of employment if their wrongful act is so closely connected with their employment that it is fair and just to hold the employer vicariously liable for the employee’s actions. | Lister v Hesley Hall | 0%
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| The label the parties put on their relationship does not determine the employment status | Massey v Crown Life Insurance | 0%
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| In cases involving vicarious liability for borrowed employees, the original employer is generally presumed to retain responsibility for the employee’s actions unless control over how the work is done has clearly passed to the borrowing employer. | MDHB v Coggins & Griffith | 0%
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| 1. What functions or “field of activities” was the employee entrusted with?2. Was there a sufficiently close connection between the employee’s position and the wrongful conduct to make it just to hold the employer liable? | Mohamud v Morrison | 0%
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| Employers are not vicariously liable when an employee’s wrongful actions are purely personal and motivated by factors that have no connection to their employment | Morrison v Various Claimants | 0%
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| 1) Is there remuneration in exchange for personal service?2) Does the employer have a degree of control over what, how, when, and where the work is done? 3) Are other contractual terms consistent with employment, including: Who provides tools or equipment? Who bears financial risk? Do they work exclusively for one party? | Ready Mixed Concrete | 0%
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| An act may still be “in the course of employment” even if:It is done in an unauthorised way, or It breaches employer instructions, so long as it is intended to further the employer’s business. | Rose v Plenty | 0%
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| Travel is within the course of employment when:✅ The employee is travelling as part of their job (e.g. during work hours, between sites). ✅ The travel is at the employer’s direction, or a requirement of the job. ✅ The employee is paid for their travel time. ✅ The employee has not deviated significantly from the expected route for personal reasons. Travel is NOT in the course of employment when: ❌ The employee is commuting to or from work (ordinary travel). ❌ The employee is on a “frolic of their own” (personal errand or significant detour). ❌ The journey is not work-related or not under employer control. | Smith v Stages | 0%
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| A detour = A minor or incidental deviation from the employee’s duties that is still connected to their employment.A frolic = A substantial, personal deviation from the employee’s duties for their own benefit or purposes. | Smith v Stages | 0%
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| Is the person’s work integral to the business, or are they an independent accessory? | Stevenson, Jordan & Harrison v MacDonald | 0%
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| An employer is not vicariously liable where an employee commits a tort outside the scope of their employment for purely personal reasons, even if it breaches the employer’s instructions. | Twine v Beans Express | 0%
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| Two employers can be vicariously liable for the same tortfeasor if they both exercise sufficient control | Viasystems v. Thermal Transfer | 0%
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| 1. Was there a Relationship Akin to Employment? | x | 0%
|
| . | x | 0%
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| . | x | 0%
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| . | x | 0%
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| 2. Was the Tort Committed During the Course of Employment? | x | 0%
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| . | x | 0%
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| COMPENSATION | x | 0%
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| Does the employer control not only what the worker does (independent contractor) but also how, when, and where the worker does it? Less relevant today. | Yewens v Noakes | 0%
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