100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Vicarious Liability PQ Notes (First Class) £2.99   Add to cart

Summary

Summary Vicarious Liability PQ Notes (First Class)

1 review
 101 views  0 purchase

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

Preview 1 out of 4  pages

  • October 29, 2020
  • 4
  • 2019/2020
  • Summary
All documents for this subject (10)

1  review

review-writer-avatar

By: ijustwannagraduate • 2 year ago

avatar-seller
firstclasslawnotes
Vicarious Liability



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

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 firstclasslawnotes. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £2.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

84866 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
£2.99
  • (1)
  Add to cart