Comprehensive first class Tort Law PQ notes from University College London (2010/2020). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions
a. Introduction
Where one party is held liable for a tort committed by another
Requirements:
o D1 has committed a tort
o D1 is D2’s employee or the relationship is akin to employment
o D1’s tort was committed in the course of his employment
b. Justifications for Vicarious Liability
Various Claimants v Catholic Child Welfare: Lord Phillips: ‘to ensure, so far as it is fair, just
and reasonable, that liability for a tortious wrong is borne by a defendant with the means
to compensate the victim’
Atiyah: Justified by the principle of loss distribution costs from vicarious liability are
distributed both internally and externally in the great majority of cases
Bazley v Curry:
o McLachlin J: Two fundamental concerns are provision of a just and practical
remedy for the harm, and deterrence of future harm
o Provision of a just and practical remedy
Effective compensation for victims due to defendant’s likely solvency
Employer has created an enterprise bearing certain risks; when these risks
materialise, only fair that the organisation bears the risk
Employer is also best posed to spread the losses through mechanisms like
insurance/higher price
o Deterrence of future harm
Employers are in a position to reduce accidents and intentional wrongs by
effective supervision and organisation
SC decisions in CCWS supports this rationale
c. Requirement: Employee relationship
Where the parties are in a contractual relationship most common question is whether
the person is employed under a contract of service (employee) or a contract for services
(independent contractor)
Factors to consider
o Control
Lord Phillips, CCWS: Significance of control is that employer directs what
the employee does, not how he does it
o Equipment
If a worker is required to provide their own equipment might indicate
that they are an independent contractor
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller firstclasslawnotes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.98. You're not tied to anything after your purchase.
