100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Tort Law - Vicarious Liability and Non-Delegable Duties Summary/Problem Question Structure £8.16
Add to cart
Quickly navigate to
Preview
  2.  
  3. Oxford University (OX)
  4.  
  5. Tort Law

Summary

Tort Law - Vicarious Liability and Non-Delegable Duties Summary/Problem Question Structure
 6 views  0 purchase

Comprehensive summary/exam notes on the topic of vicarious liability and non-delegable duties in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test regarding the relationship between the tortfeasor and the defendant, and t...

[Show more]

Preview 1 out of 4  pages

Document information

  • October 7, 2024
  • 4
  • 2022/2023
  • Summary

Subjects

Written for

All documents for this subject (13)

Seller

avatar-seller
bethjscott5713

Content preview

Vicarious Liability and Non-Delegable Duties
Three types of claims:
1. Direct Duty of Care:
Failure to take reasonable care.
e.g., not trained properly.
Culpability on part of D.
2. Vicarious Liability:
Show employee committed a tort and then attribute liability for that tort to D.
3. Non-Delegable Duty:
Different to VL.
Duty similar to 1st (D’s duty).
D’s duty is that whoever fulfils this task, reasonable care is taken.
Strict liability – cannot say that took all reasonable steps to ensure that the person was
competent.
The fact that the person did not take reasonable care is enough for liability.
You breached the duty – not responsible for someone else’s breach.

Vicarious Liability:
1. Relationship between tortfeasor and defendant:
General rule = VL requires that the tortfeasor be an employee of the defendant.
By contrast, it is a foundational principle of this area that VL will never arise
where the tortfeasor is an independent contractor.
Old test = “control test”
Idea that employer controls not just what tasks the employee is to do but also
how he does it.
Have since moved away from this.
No longer reflects modern employment practices – “gig economy” –
a labour market characterised by the prevalence of short-term
contracts or freelance work as opposed to permanent jobs.
Cassidy v Minister of Health – would have produced bizarre results.
Caused the defendant to argue that consultants caused the harm not
the nurses – because have less control over how consultants do their
job than nurses and so were trying to escape liability on that basis.
Denning LJ: skilled persons can carry out their job their own way,
but it does not mean that authorities who employ them are not liable
for negligence.
Move to multi-factorial approach:
Control not eradicated but now just one factor.
Barclays Bank plc v Various Claimants –
D arranged for doctor to carry out pre-employment medical
examinations on the claimant job-applicants. Doctor was to fill out
pro-forma report. Doctor was not paid retainer by bank but was paid
fee for each report. Cs alleged that they were sexually assaulted
during these examinations.
Multi-factorial approach includes:
How are people paid – salary or sporadically?
What does D supply them with – office/uniform?
What hours do they work – fixed or a service when
required?
In this case, the doctor was found to be carrying on business
of his own account and was therefore an independent
contractor.
Various Claimants v Catholic Child Welfare Society –

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £8.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53022 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£8.16
  • (0)
Add to cart
Added