Shared Flashcard Set

Details

Vicarious Liability
Cases
9
Law
Undergraduate 1
05/20/2013

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Cards

Term
Control Test
Definition
Yewen v Noakes - right to control nature of work
Cassidy v MOH - surgeon not controlled but still employee
Short v Henderson – selection, dismissal, wages, method
Term
Integration Test + (Economic Reality)
Definition
McDonnell and Evans - Denning: integral to business
Montreal Locomotive – X acting for superior or himself?
Term
Multi Factor Combination
Definition
Market Investigations - CHIPRIP
Lee v Chung – stonemason clearly working for superior
Ready Mixed Concrete – consistent with employment
Biffa Waste – (integration argument)
Term
Akin to Employment
Definition
JGE – akin to employment
Various Claimants – L Phillips affirmed JGE
Term
Borrowed Employee
Definition
Mersey Docks and Harbour Road - crane employer 1 paid wages
Viasystems - both employers controlled = both liable
Term
Course of Employment
Definition
Storey v Ashton - frolic of his own
Salmond test - authorized wrongs / unauthorized way of authorized
Century Insurance - cigarette explosion (within)
Beard v London Omnibus - conductor drove (outside)
Smith v Stages - driving home from work, crash (within)
Term
Express Prohibitions / Criminal Acts
Definition
Rose v Plenty - milk float boy (within)
Twine v Bean's Express - used van to give lift (outside)
__
Poland v Parr - struck suspected thief, amputation (within)
Term
Employment: Close Connection Test
Definition
Lister v Hesley Hall - warden pervert failed Salmond
Mattis v Pollock - crazy bouncer knife
N v CC Merseyside - police raped, not connection just opportunity
Term
Non-delegable
Definition
Faraj - duties are usually delegable
McDermid v Nash - sailing provide safe system
Biffa Waste – could sue ICs for ultra-ultra-hazardous shit
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