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Vicarious Liability and General Defences Flashcards | StudBud
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Vicarious Liability and General Defences
Vicarious Liability and General Defences
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1
In which case was the multiple test created?
Limpus v London General
Lister v Hesley Hall
Ready Mixed Concrete v Minister of Pensions
Beard v Minister of Pensions
2
Name the test used to establish the status of a worker
The multiple test
The "but for" test
The composite test
The control test
3
What is the name of the Act for contributory Negligence?
Law Reform (Contributory Negligence) Act 1945
Negligence Act 1945
Contributory Negligence Act 2010
Law Reform Act 1945
4
What is the effect of successfully pleading consent?
Transfers the burden of proof onto D
A complete defence meaning C gets no damages
A partial defence meaning C gets a percentage
Transfers burden of proof onto C
5
What is the last part of contributory negligence?
No reduction in damages
C must have consented to risk of harm
Damages are reduced by a percentage
C must have contributed to their own harm
6
What is vicarious liability?
Where the employer is liable for the torts of his employee
Where the employer is not liable
Where someone is responsible for the crimes of another
It is a tort
7
In which case was the damages reduced by 20% because C stood on a toilet roll holder?
Froom v Butcher
Gough v Thorne
Haynes v Harwood
Sayers v Harlow Urban District Council
8
What is the first element of vicarious liability?
A tort must be committed
The employee must have been negligent
Employee must have a special skill or knowledge
Employer must agree for employee to be negligent
9
In which case did a bus conductor try to turn a bus around?
Beard v London General Omnibus Co
Lister v Hesley Hall
Limpus v London General Omnibus Co
Century Insurance v Nothern Ireland Railway
10
What is the last element for vicarious liability?
Employee can do something unconnected to his employment
Employee must be acting within the course of the business
Employee can be on a frolic of his own
Employee/Employer relationship
11
Which of the following cases applies to the defence of consent
Froom v Butcher
Donoghue v Stevenson
Murray v Haringay Arena
Sayers v Harlow
12
What does Volenti non fit injuria mean?
It is translated as C is consenting
no injury can be done to a willing person
The C can never consent voluntarily
The facts speak for themselves
13
What are the two general defences in civil law?
Consent and Contributory Negligence
Independent Contractor
Negligence and Vicarious Liability
Insanity and intoxication
