Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lister v Hesley Hall Ltd [2002] 1 AC 215. The document also included supporting commentary from author Craig Purshouse.
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Chapter
Lister v Hesley Hall Ltd [2002] 1 AC 215
Chapter
Lister v Hesley Hall Ltd [2002] 1 AC 215
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lister v Hesley Hall Ltd [2002] 1 AC 215. The document also included supporting commentary from author Craig Purshouse.
Chapter
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
24. Vicarious liability
This chapter examines the provisions of tort law on vicarious liability. It discusses the distinction between employees and independent contractors and explains that an employer is liable ordinarily only for the torts of his employees. However, the courts have started to impose vicarious liability with respect to other types of relationship that are ‘akin to employment’. In all cases, the tort should have been committed either in the course of employment or with sufficient connection to the employment. The chapter considers also the breach of non-delegable duty. Finally, it considers various justifications for the imposition of stricter liability in tort law.
Chapter
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.
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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
Barclays Bank Plc v Various Claimants [2020] UKSC 13
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barclays Bank Plc v Various Claimants [2020] UKSC 13
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Book
Kirsty Horsey and Erika Rackley
Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
Chapter
6. Corporate capacity and liability
This chapter focuses on the complex rules regarding who can act on behalf of the company, and how liability can be imposed on the company for the actions of others. A company can enter into a contract by affixing its common seal to the contract, by complying with the rules in ss 44(2)–(8) of the Companies Act 2006 (CA 2006), or by a person acting under the company’s express or implied authority. Section 39 of the CA 2006 provides that a contract cannot be invalidated on the ground that the contract is outside the scope of the company’s capacity. Meanwhile, section 40 of the CA 2006 provides that the power of the directors to bind the company, or authorize others to do so, is free of any limitation under the company’s constitution. The chapter then considers the four methods of liability: personal liability, strict liability, vicarious liability, and liability imposed via attribution.
Chapter
10. Participation
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 liability of parties who participate in the criminal acts of others. Liability can be split into four parts: those who are accessories, those who are joint perpetrators, those who are vicariously liable, and those who are corporations. Accessories are those who aid, abet, counsel, or procure the commission of the principal offence. Participants who enter a joint venture (also known as a joint unlawful enterprise) are liable for the crimes committed as part of that venture, unless one of the parties deliberately departs from the agreed plan. The doctrine of vicarious liability has a (limited) role in the criminal law. A corporation is a legal person, so criminal liability can be imposed on a corporation for many (although not all) crimes.
Chapter
15. Vicarious Liability
The law of vicarious liability traditionally operates so as to impose liability on an employer for the tort of an employee, but several conditions must be satisfied. This chapter discusses the development of and justification for vicarious liability; the employment relationship and relationships ‘akin to employment’; and the requirement that the tort be committed in the course of employment for vicarious liability to arise. The chapter also considers primary liability of an employer for the conduct of an employee or independent contractor, arising out of breach of a non-delegable duty of care.
Book
Kirsty Horsey and Erika Rackley
The Casebook on Tort Law provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
Chapter
14. Vicarious Liability
Donal Nolan and Ken Oliphant
The law of vicarious liability traditionally operates so as to impose liability on an employer for the tort of an employee, but several conditions must be satisfied. This chapter discusses the development of and justification for vicarious liability; the relationships that trigger vicarious liability, including the employment relationship and relationships ‘akin to employment’; and the requirement that the tort be committed in the course of employment for vicarious liability to arise. The chapter also considers the primary liability of an employer for the conduct of an employee or independent contractor, arising out of breach of a non-delegable duty of care.
Chapter
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
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
12. Product Liability, Defective Premises, Interference with Land, and Defences
This chapter discusses the difference between an action for defective products taken in the tort of negligence and an action under the Consumer Protection Act 1987. It considers the elements necessary for a claim under the Consumer Protection Act 1987 and the losses recoverable under the Act. The liability of occupiers to visitors and non-visitors (such as trespassers) under the Occupiers Liability Acts 1957 and 1984 is discussed. The chapter examines the torts of trespass to land; private and public nuisance and liability established by Rylands v Fletcher. The general defences that apply to all torts are considered, namely the defences of contributory negligence, consent, and illegality. The chapter concludes with a discussion of the meaning and extent of vicarious liability, looking at tortious actions committed by employees in the course of their employment.
Chapter
10. Performance of the Contract of Employment
This chapter begins with a discussion of the personal nature of the employment contract, and the fact that such a contract is necessarily one of personal service which gives rise to duties and obligations on both sides. It deals with issues such as the implied duties of the employer to provide for the employee (including the implied duty to provide work, pay wages, confidentiality, and the implied duty of trust and confidence), and the corresponding implied obligations of the employee (including the duty of faithful service, duty to use skill and care). There is also a discussion of whistleblowing and public interest disclosures. It then explains employer’s vicarious liability, and harassment and bullying.
Chapter
11. The Protected Characteristics
This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.
Book
Karen Dyer and 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. 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.
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