vicarious liability

• What is the nature of vicarious liability?

  One person is liable for another's torts
• What does strict liability mean in tort law?

  Defenders don’t have to prove fault
• What is a tortfeasor?

  The person who commits the tort
• Why does vicarious liability exist?

  To hold someone responsible for injury caused
• What is the relationship that gives rise to vicarious liability?

  Between the tortfeasor and the defendant
• What is one reason an employer should be held vicariously liable?

  Employers control employee actions and performance
• What must be proven for vicarious liability?

  The tortfeasor must be an employee
• What is the strongest argument for employer liability?

  Employers can insure against claims effectively
• Who are the parties involved in vicarious liability?

  Tortfeasor, claimant, and defendant
• What is an unintentional tort?

  Classic example is negligence
• What is an intentional tort?

  Wrongful acts done on purpose
• What is the control test for employment status?

  Power to select, control, and pay wages
• What does the integration test assess?

  If the employee is fully integrated into the business
• What are the three questions in the economic reality test?

  Work for payment, subject to control, consistent contract terms
• How does method of payment indicate employment status?

  Employees receive regular salary payments
• What is a factor indicating employee status regarding tools?

  Employees are less likely to own tools
• What is the significance of tax and NI contributions?

  They are deducted from employee wages
• What does independence in the job imply?

  Self-employed status brings flexibility
• What was the outcome of Barclays Bank v Various Claimants?

  Independent contractor defense was upheld
• What factors indicated Dr. Bates was an independent contractor?

  Worked for multiple employers and had autonomy
• What did Cox v Ministry of Justice establish?

  Prisoners can be akin to employees
• What is the 'akin to employment' test?

  Determines if a non-traditional relationship is similar
• What was the outcome of the Christian Brothers case?

  The Institute was held liable for abuse
• What was the ruling in Armes v Nottingham County Council?

  Foster parents were akin to employees
• What are the key components of proving vicarious liability?

  1. Tortfeasor must be an employee or akin to one
  2. Tortious actions must fall within the course of employment
  3. Must be an actionable tort
• What are the traditional tests for determining employee status?

  • Control test
  • Integration test
  • Economic reality/multiple test
• What are the modern tests for determining 'akin to employment' status?

  • Five criteria from the Christian Brothers case
  • Relationship must be fair, just, and reasonable
• What are the implications of the Cox v Ministry of Justice ruling?

  • Prisoners can be considered akin to employees
  • Establishes liability for actions within prison context
• What are the implications of the Armes v Nottingham County Council ruling?

  • Foster parents are akin to employees
  • Local authority held liable for foster parents' actions
• What type of abuse is mentioned in the study material?

  Physical and sexual abuse
• What is the relationship between foster parents and the local authority?

  Foster parents are in a relationship akin to employment
• Why do most foster parents lack sufficient means for compensation?

  They are unlikely to have insurance against criminal behavior
• What activity do foster parents provide as part of the local authority's services?

  Care to the child
• What statutory duty does the local authority have regarding children?

  To care for the children
• How are foster parents selected and trained?

  In cooperation with the local authority
• Who are Tom and Zac in the problem question?

  Former pupils of Klear Path School
• Why are children particularly vulnerable to abuse in foster care?

  They are placed in a relationship of authority and trust
• What was the role of the monks at Klear Path School?

  To teach Religious Education
• What type of mistreatment did Tom and Zac experience?

  Regular beatings by the monks
• Why did Tom and Zac not complain about the mistreatment?

  They did not understand it was wrong