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Chapter

Cover An Introduction to Tort Law

7. Contribution Between Tortfeasors  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers cases involving several torts and severable persons who are liable. It describes ‘joint and several liability’, where several different torts may be contributing to the same harm and several persons are liable for what they have independently done, since in principle, everyone whose tortious conduct has contributed to the occurrence of harm is liable to be sued for the full amount of that harm, provided it is indivisible and not too remote. The chapter also discusses how a tortfeasor who is sued and wishes to claim contribution should bring any other supposed tortfeasor into the victim's suit. Likewise, the victim should sue every plausible tortfeasor, because if he brings a second action in respect of the same damage he risks being penalised in costs, and if he loses against one defendant and succeeds against another, he will get all his costs paid by the latter.

Chapter

Cover Card & James' Business Law

16. Vicarious liability  

This chapter examines the doctrine of vicarious liability. It explains that vicarious liability is not a tort in its own right, but is a means whereby a party can be held liable for the tortious acts of another. Vicarious liability can arise through a number of relationships, the most common being that of employer and employee. The traditional requirements for vicarious liability are discussed, namely (i) the existence of an employer–employee relationship; (ii) the employee must have committed a tort; and (iii) the tort must have been committed in the course of the employer’s business. Finally, the chapter looks at defences available to an employer who has been held vicariously liable for the acts of an employee.

Chapter

Cover An Introduction to Tort Law

6. Vicarious Liability  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the law on vicarious liability. In principle, a person is not liable in negligence unless he is in breach of a duty owed by him to the claimant. Quite often, however, a person who is not in breach of any duty incumbent on himself is nevertheless liable, and strictly liable, for torts committed by someone else. His liability is then said to be ‘vicarious’. The principal instance of vicarious liability is that of the employer for his employees. Persons may also be liable for those engaged in a joint enterprise with them, whether as fellow conspirator or partner in a firm.

Chapter

Cover Markesinis & Deakin's Tort Law

18. Employer’s Liability  

The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.

Chapter

Cover Business Law

13. Responsibilities of Employers for the Torts of Employees and Statutory Duties  

This chapter identifies the doctrine of vicarious liability and its potential impact on employers. An employer faces vicarious liability when an individual engaged by it to perform some function for the business commits a tort; if this occurs within the course of employment and the individual engaged has the employment status of an employee, the employer may be jointly liable with the tortfeasor. The doctrine was developed, through the courts, to ensure that injured persons are compensated for losses sustained as a result of a negligent or wrongful act, with the obligation being placed on the employer to compensate and further to prevent any future torts being committed. The chapter considers the liability of those producing, supplying, marketing, and importing goods that contain defects which cause damage or loss.

Chapter

Cover Tort Law Directions

8. Employers’ liability and non-delegable duties  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Employment contracts implicitly require an employer to take all reasonable care to ensure the health and safety of his or her employees. An employee who suffers an injury due to the tort of another employee may make the employer vicariously liable. In addition, the employer has a personal non-delegable duty of care to ensure that his employees are safe in the workplace. This chapter looks at the various sources of employers’ liability for workplace accidents and discusses the distinction between vicarious liability and personal liability. It also examines the non-delegable nature of the employer’s duty and considers developments in employer’s liability for occupational stress.

Chapter

Cover Markesinis & Deakin's Tort Law

19. Vicarious Liability and Non-Delegable Duties  

Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the wrongdoer was his employee, or that the relationship between them was ‘akin’ to employment; that he committed a tort; and that he committed it in the course of his employment. This chapter discusses each of this in turn. It also considers contribution between employer and employee; liability for the torts of independent contractors; the expanding categories of non-delegable duties; and the changing contours of employer’s liability.

Chapter

Cover Casebook on Tort Law

18. Vicarious liability  

Vicarious liability is a system whereby an employer is liable for the torts of his employees committed in the course of employment. The principle of placing liability on the employer as well as upon the individual tortfeasor is mainly justified by the concept of loss distribution; that is, that the employer will usually be better able to distribute the loss, either through insurance or through his customers. This chapter begins with a definition of an employee. It then discusses the liability of the employee; how an employer is liable for the torts of his employee only if the act is committed ‘in the course of his employment‘; and liability for independent contractors.

Chapter

Cover A Practical Approach to Civil Procedure

9. Personal Injury Claims under £25,000  

Out of the estimated 850,000 personal injuries claims each year in the UK, about 650,000 cases arise from road traffic accidnets (RTAs), 80,000 are employer’s liability cases (EL), and 75,000 are public liability cases (PL). About 90 per cent of these are cases where the damages are estimated at below £25,000. This chapter discusses cases covered by the RTA and EL/PL protocols; the provisions of the RTA protocol; the process under the RTA protocol: claim notification, medical evidence and negotiation, and Part 8 claim to determine quantum; child settlement applications; fixed costs under the RTA and EL/PL protocols; and cases where parties can stop following the RTA or EL/PL protocols.

Chapter

Cover Employment Law Concentrate

2. Contracts of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

Chapter

Cover Employment Law

1. The rise of employment law  

This chapter defines some key terms and then focuses on the two questions that are most often debated when people consider the revolution in employment regulation that has occurred in recent decades: Why have we seen such a growth in the extent to which the employment relationship is regulated in the UK? What are the advantages and disadvantages of increased employment regulation for the UK’s economy and people? In answering these questions the chapter introduces some of the major themes which underpin the evaluative material in this text. It also considers attempts made by recent governments to lessen the burden of regulation on employers, most of which have been widely perceived as having had, at best, very limited effect. Finally, it considers the consequences and impact of how employment tribunal fees before they were abolished, and looks at the decline in membership of trade unions and its effect.

Chapter

Cover Employment Law

15. Religious discrimination  

This chapter deals with religious discrimination law under the Equality Act. It discusses the historical background of religious discrimination law, protected characteristics, prohibited conduct on grounds of religious discrimination,. Religion and belief is not specifically defined in the statute, and is left for the courts to define. Atheists are protected, but beliefs which ‘conflict with the fundamental rights of others’ are not. Dress codes are one of the most contested topics in this area of law. There are also specific exceptions for religious employers. The chapter also considers the conflict and competing interests between religious discrimination and other protected characteristics, such as sexual orientation and gender reassignment.

Chapter

Cover Tort Law: Text and Materials

11. Special Liability Regimes  

Although much of the law of tort is based upon general common law principles, there are a number of situations where special liability regimes have been created. This chapter focuses on four of these special liability regimes. The first regime to be considered is employers’ liability, whose origins lie in nineteenth-century common law. Two other special regimes are then considered: the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.

Chapter

Cover Tort Law Directions

9. Vicarious liability  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, liability is based on the personal fault of the wrongdoer himself. A person is liable only for his own acts, and a defendant will usually be free of any liability unless he has negligently or intentionally caused the harm or damage to the claimant. However, a person who has no fault or personal blame may also be held liable for the damage caused by the tort of another. This is known as vicarious liability, which is most common in the workplace and imposes liability without the need to prove that the defendant is at fault.

Book

Cover Concentrate Questions and Answers Tort Law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.

Chapter

Cover Concentrate Questions and Answers Tort Law

5. Employers’ Liability and Vicarious Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employers’ liability and vicarious liability. To answer questions on this topic, students need to understand the following: tort of negligence; statutory duties, and the effect of breach of statutory duty; the Employers’ Liability (Defective Equipment) Act 1969; vicarious liability, and specifically The Catholic Child Welfare Society and others v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 56; and defences to negligence.

Chapter

Cover Selwyn's Law of Employment

13. Continuous Employment  

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362)); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.

Chapter

Cover Intellectual Property Concentrate

6. Trade secrets, confidential information, and the protection of private information  

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.

Chapter

Cover Employment Law

28. Consultation and bargaining  

This chapter looks at the regulation of collective bargaining and at ways in which employers can, in certain circumstances, be required in law to recognise trade unions and to consult collectively with their workforces. After briefly considering why the UK maintains a tradition of voluntarism as far as collective bargaining and collective agreements are concerned, it goes on to assess the work of the Central Arbitration Committee—the authority which has the major enforcing role in respect of the law in this field. This is followed by an analysis of four distinct, but interrelated areas of regulation: disclosure of information for collective bargaining purposes, compulsory union recognition, European Works Councils and the Information and Consultation Regulations.

Chapter

Cover Employment Law

8. Implied terms  

This chapter looks at the terms which are implied into contracts of employment. Implied terms are those that are deemed to be present by a court despite never having been explicitly agreed or even discussed by the employer or employee. The chapter begins by setting out the different types of implied term, differentiating these from other types of terms, before going on to explore the major implied terms and their significance. It focuses in particular on the duty to maintain a relationship of mutual trust and confidence as this is the area in which the most significant legal developments have occurred. It then considers situations in which implied terms conflict with express terms, before discussing procedural issues in breach of contract cases.