vicarious liability evalation

• What is the aim of the evaluation of vicarious liability?

  To recap on A01 knowledge of Vicarious Liability
• What is the basic principle of vicarious liability?

  Employers are liable for employees' torts
• What is the test for establishing liability of unintentional torts?

  The tortfeasor must be an employee
• What is the test for establishing liability of intentional torts?

  Relationship must be 'akin to employment'
• How many marks are awarded for A01 in the evaluation of vicarious liability?

  8 marks
• What key concepts should be evaluated in relation to vicarious liability?

  Justice, fault, and morality
• Why is it considered morally right to hold an employer liable for an employee's actions?

  Employers benefit from employees' labor
• What is the aim of tort law regarding compensation?

  To provide justice for an injured victim
• What is the aim of tort law regarding loss distribution?

  Greater liability on businesses for injuries
• How does tort law aim to improve standards?

  By making sellers pay for faulty goods
• What does the morality aspect of tort law address?

  How people should behave in society
• What is the significance of the 'akin to employment' test?

  It includes non-traditional employment forms
• What is the control test in establishing employment?

  It assesses who controls the work done
• What is the integration test in establishing employment?

  It evaluates how integrated the worker is
• What is the economic reality test in establishing employment?

  It considers multiple factors of employment
• What is the significance of the Civil Liability (Contribution) Act 1978?

  Employers can recover compensation from employees
• What does the term 'frolic of their own' refer to in vicarious liability?

  When an employee acts independently of work
• How does the development of the 'close connection' test affect employers?

  Employers may be liable for unauthorized acts
• What is the aim of tort law regarding maintaining high standards?

  To ensure employers uphold careful practices
• In which years has the evaluation of vicarious liability been examined in previous questions?

  2019 and 2023
• What is the role of liability insurance for employers?

  To cover costs of claims against them
• What is the purpose of evaluating vicarious liability in essays?

  To assess fairness and justice for employers
• What is the question from the 2023 exam regarding vicarious liability?

  Discuss the extent to which vicarious liability is fair on employers
• How does vicarious liability relate to the fault principle in tort law?

  It contradicts holding individuals responsible
• What is the significance of the case Lister v Hesley Hall?

  It established a connection for liability
• Why should students be cautious about the evaluation points in the textbook?

  They are based on law pre the Barry case
• What does the term 'moral responsibility' imply for employers?

  Employers should ensure high standards
• What is the aim of tort law regarding justice?

  To provide fair compensation to victims
• What are the key evaluation points regarding vicarious liability?

  • Fault principle conflicts with tort law
  • Fairness in employer's control and supervision
  • Unfairness when employees act against prohibitions
  • Traditional tests are too narrow
  • 'Sufficiently close connection' test flexibility
  • Resource availability and maintaining standards
• What is the purpose of the evaluation handout mentioned?

  To support evaluative points with examples
• What is the aim of tort law regarding compensation for victims?

  To place claimants in their pre-tort position
• What does the fault principle state in relation to vicarious liability?

  It holds those who cause damage responsible
• What does the term 'loss distribution' mean in tort law?

  Spreading costs of losses among businesses
• Why might vicarious liability be considered fair for employers?

  Employers control, supervise, and benefit from employees
• What is the significance of the case Mohamud v Morrisons?

  It expanded employer liability scope
• What is the aim of tort law regarding moral behavior?

  To encourage responsible actions in society
• In what situation might vicarious liability be deemed unfair to employers?

  When employees act against express prohibitions
• What is the role of the employer in vicarious liability?

  To ensure proper training and supervision
• What does the term 'social justice' imply in the context of vicarious liability?

  Fairness in holding employers accountable
• What is a criticism of traditional tests in vicarious liability cases?

  They are too narrow for modern relationships