Deck 20: Vicarious Liability

Question 1

The 'close connection' test was established in which case?

A) Majrowski v Guy's and St Thomas' NHS Trust
B) Lister v Hesley Hall Ltd
C) Mattis v Pollock
D) Catholic Care Welfare Society v Institute Brothers of Christian Schools

Answer 1

B

Question 2

Under the principle of vicarious liability an employer will be liable instead of their employee for the wrongs committed by the employee in the course of their employment.

Answer 2

False
Explanation: Under the principle of vicarious liability an employer will be liable for wrongs committed by an employee in the course of their employment. However, the employee remains liable for the torts they have committed (although typically they are not worth pursuing for financial reasons).

Question 3

An employer will not be vicariously liable unless which of the following conditions are met? Please select all that apply.

A) There is an employer-employee relationship.
B) The employee has committed a tort in the course of their employment.
C) The employee is unable to pay the compensation.
D) The employee's employment provided them with the opportunity to commit the tort.

Answer 3

A,B

Question 4

Which of the following are possible justifications for the imposition of vicarious liability? Please select all that apply.

A) An employer derives an economic benefit from their employees' work and so they should bear any related burdens.
B) The employer has 'deeper pockets'.
C) The financial loss arising from the wrongdoing can be spread more widely across the community through liability insurance and/or higher prices.
D) Employers are in the best position to reduce the likelihood of workplace accidents, and indeed intentional wrongdoing by their employees.

Question 5

Match For each of the following cases name the highest court reached or complete the case name.
-Various Claimants v Catholic Child Welfare Society and others

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Question 6

Match For each of the following cases name the highest court reached or complete the case name.
-Lister v Hesley Hall

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Question 7

Match For each of the following cases name the highest court reached or complete the case name.
-Maga v

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Question 8

Match For each of the following cases name the highest court reached or complete the case name.
-JGE v

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust