LLB102 Lecture Notes - Lecture 7: Respondeat Superior, Secondary Liability, Independent Contractor
Document Summary
Imposing liability on third parties (non-delegable duties, vicarious liability) Liability in tort is based upon fault - in trespass defendant must be at fault (intentional or careless), in negligence defendant at fault if failed to act with the required reasonable care. Liability imposed on a third party (ie not the wrongdoer) Defendant has duty to ensure that reasonable care is taken by others not to expose the plaintiff to foreseeable risk. School authority has a special responsibility, vulnerability of the students, includes employing proper staff and supervision of the students (*nsw v lepore* Duty that an employer owes to an employee is a non-delegable duty (*kondis v state. Hospital undertakes the care, supervision and control of patients who are in special need of care. " (*kondis v state transport authority*) Not extended to use of the hospital for facilities only eg specialist (*ellis v wallsend. Extends to persons who are affected by activities carried out on the premises (*burnie.
