LAW 1507 Lecture Notes - Lecture 8: Royal Prince Alfred Hospital, All England Law Reports, Paraplegia
30 Jun 2018
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TORTS LECTURE VICARIOUS LIABILITY & NON-DELEGABLE DUTIES
Torts Online exam part A available on Monday 14 May Due 2pm 18 May 1500
words worth 20% non-redeemable
Issues Trespass to the person, battery, assault, false imprisonment, negligence
Vicarious Liability- If someone falsely imprisons someone in the course of their
employment but is an employee of someone else that someone else could also be
liable because of their relationship
Vicarious liability imposes liability o one party for the tortious actions of another
party even when the first party is not at fault
Employer will probably be more able to and will lose less by being held liable
The Elements- MUST DISCUSS
- The wrongdoer has to be an employee of the employer
- The employee committed a tort
- The tort was committed in the course of the employee’s employment
Different between employee and independent contractor
Employee has a contract of service
Employee’s only liable for the torts of their employees, NOT independent
contractors
Control Test- The right to control the activities of the worker- Can the employer
control the role of the worker. If not you are dealing with an independent contractor
not worker
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Torts online exam part a available on monday 14 may due 2pm 18 may 1500 words worth 20% non-redeemable. Issues trespass to the person, battery, assault, false imprisonment, negligence. Vicarious liability- if someone falsely imprisons someone in the course of their employment but is an employee of someone else that someone else could also be liable because of their relationship. Vicarious liability imposes liability o one party for the tortious actions of another party even when the first party is not at fault. Employer will probably be more able to and will lose less by being held liable. The wrongdoer has to be an employee of the employer. The tort was committed in the course of the employee"s employment. Employee"s only liable for the torts of their employees, not independent contractors. Control test- the right to control the activities of the worker- can the employer control the role of the worker.
