Test Bank Chapter.20 Vicarious Liability

Chapter 20: Vicarious liability

Test Bank

Type: MC

Title: Chapter 20 Question 01

1) The ‘close connection’ test was established in which case?

a. Majrowski v Guy’s and St Thomas’ NHS Trust

Feedback: Incorrect. The correct answer is Lister v Hesley Hall Ltd. In this case Lords Steyn and Clyde agreed that the housemaster’s actions ‘were so closely connected with his employment that it would be fair and just to hold the employers liable … the sexual abuse was inextricably interwoven with the carrying out by the warden [housemaster] of his duties’ (at [28]; [50]).

Section reference: 20.4

b. Lister v Hesley Hall Ltd

Feedback: Correct. In Lister v Hesley Hall Ltd Lords Steyn and Clyde agreed that the housemaster’s actions ‘were so closely connected with his employment that it would be fair and just to hold the employers liable … the sexual abuse was inextricably interwoven with the carrying out by the warden [housemaster] of his duties’ (at [28]; [50]).

Section reference: 20.4

c. Mattis v Pollock

Feedback: Incorrect. The correct answer is Lister v Hesley Hall Ltd. In this case Lords Steyn and Clyde agreed that the housemaster’s actions ‘were so closely connected with his employment that it would be fair and just to hold the employers liable … the sexual abuse was inextricably interwoven with the carrying out by the warden [housemaster] of his duties’ (at [28]; [50]).

Section reference: 20.4

d. Catholic Care Welfare Society v Institute Brothers of Christian Schools

Feedback: Incorrect. The correct answer is Lister v Hesley Hall Ltd. In this case Lords Steyn and Clyde agreed that the housemaster’s actions ‘were so closely connected with his employment that it would be fair and just to hold the employers liable … the sexual abuse was inextricably interwoven with the carrying out by the warden [housemaster] of his duties’ (at [28]; [50]).

Section reference: 20.4

Type: TF

Title: Chapter 20 Question 02

2) Under the principle of vicarious liability an employer will be liable instead of their employee for the wrongs committed by the employee in the course of their employment.

a. True

Feedback: Incorrect. Under the principle of vicarious liability an employer will be liable for wrongs committed by an employee in the course of their employment. However, the employee remains liable for the torts they have committed (although typically they are not worth pursuing for financial reasons).

Section reference: 20.1

b. False

Feedback: Correct. Under the principle of vicarious liability an employer will be liable for wrongs committed by an employee in the course of their employment. However, the employee remains liable for the torts they have committed (although typically they are not worth pursuing for financial reasons).

Section reference: 20.1

Type: MR

Title: Chapter 20 Question 03

3) An employer will not be vicariously liable unless which of the following conditions are met? Please select all that apply.

Feedback: An employer will only be vicariously liable if the following conditions are met: 1) there must be an employer-employee relationship; 2) the employee must have committed a tort and; 3) the tort must be committed while the employee was acting in the course of employment (rather than the employee’s employment simply providing the employee with the opportunity to commit the tort). The ability of the employee to pay any award of compensation is irrelevant when seeking to establish whether an employer is vicariously liable.

Section reference: 20.1

a. There is an employer-employee relationship.

b. The employee has committed a tort in the course of their employment.

c. The employee is unable to pay the compensation.

d. The employee’s employment provided them with the opportunity to commit the tort.

Type: MR

Title: Chapter 20 Question 04

4) Which of the following are possible justifications for the imposition of vicarious liability? Please select all that apply.

Feedback: All the responses are correct. There are a number of possible justifications for the imposition of vicarious liability including arguments of cost/benefit analysis, the employers being better placed to pay compensation, and to reduce the likelihood of workplace accidents as well as those relating to notions of distributive justice.

Section reference: 20.1

a. An employer derives an economic benefit from their employees’ work and so they should bear any related burdens.

b. The employer has ‘deeper pockets’.

c. The financial loss arising from the wrongdoing can be spread more widely across the community through liability insurance and/or higher prices.

d. Employers are in the best position to reduce the likelihood of workplace accidents, and indeed intentional wrongdoing by their employees.

Type: MT

Title: Chapter 20 Question 05

5) For each of the following cases name the highest court reached or complete the case name.

Feedback: These are some of the key vicarious liability cases. You will come across them at a number of points in the chapter on vicarious liability

Section reference: chapter 20

a. Various Claimants v Catholic Child Welfare Society and others = UKSC

b. Lister v Hesley Hall = HL

c. Maga v = Birmingham Catholic Archdiocese Trustees

d. JGE v = The Trustees of the Portsmouth Roman Catholic Diocesan Trust