elements required to establish Explain the defences and Is the likely to be relevant to ‘rule’ liability remedies. issues such as or the ‘fracking’ storage of nuclear from power defences and remedies Watch this . stations? available. 13 Vicarious liability: Identify the tests as to when a Draw up a table of relationships worker is an employee. which are similar to employment an employer’s liability for the relationships and which might attract actions of an employee during Explain when an employee is vicarious liability (eg liability of a the course of employment acting in the course of prison for negligence by a prisoner employment. other areas of vicarious liability during a work activity). Identify other relationships where theory of tort law nature and – It is unlikely that an examiner can vicarious liability may exist. purpose of vicarious liability. expect too much detail on the tests Analyse the policy reasons for as to who is an employee, as this is imposing a strict liability on an a tort law paper and not an employer. employment law paper. Look at this and see how you can The importance of this judgement is apply it to vicarious liability. that it provides a basis for identifying Look at this of Cox v MoJ 2016. the circumstances in which vicarious liability may be imposed outside relationships of employment. Suggested activity: Duty, breach and damage re-cap Consolidate student understanding with the following questions: what is the neighbour principle? in case was it established and by whom?
elements required to establish liability defences and remedies available. Explain the defences and remedies. Watch this . Is the ‘rule’ likely to be relevant to issues such as ‘fracking’ or the storage of nuclear from power stations? 13 Vicarious liability: an employer’s liability for the actions of an employee during the course of employment other areas of vicarious liability theory of tort law – nature and purpose of vicarious liability. Identify the tests as to when a worker is an employee. Explain when an employee is acting in the course of employment. Identify other relationships where vicarious liability may exist. Analyse the policy reasons for imposing a strict liability on an employer. Look at this and see how you can apply it to vicarious liability. Look at this of Cox v MoJ 2016. Draw up a table of relationships which are similar to employment relationships and which might attract vicarious liability (eg liability of a prison for negligence by a prisoner during a work activity). It is unlikely that an examiner can expect too much detail on the tests as to who is an employee, as this is a tort law paper and not an employment law paper. The importance of this judgement is that it provides a basis for identifying the circumstances in which vicarious liability may be imposed outside relationships of employment. Suggested activity: Duty, breach and damage re-cap Consolidate student understanding with the following questions: what is the neighbour principle? in case was it established and by whom?
AQA-7161-7162-SOW-TORT.DOCX