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Chapter 9 Multiple choice questions
Return to Tort Law Concentrate 6e Student Resources
Chapter 9 Multiple choice questions
Quiz Content
*
not completed
.
Wilsons and Clyde Coal v English
does
not
impose liability on the employer in respect of which of the following?
An effective system of work
correct
incorrect
A competent workforce
correct
incorrect
Psychological well-being
correct
incorrect
Adequate plant and equipment
correct
incorrect
*
not completed
.
The Employers' Liability (Defective Equipment) Act 1969 reverses the effect of
Coltman v Bibby Tankers.
True or False?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
The duty of care of the employer is 'non-delegable'. What does this mean?
The employer may be vicariously liable for the tort of the employee
correct
incorrect
The duty is personal and no one else can discharge the duty on the employer's behalf
correct
incorrect
Independent contractors may be liable instead of the employer
correct
incorrect
*
not completed
.
The Court of Appeal in
Hatton v Sutherland
sets out a number of guidelines to be followed in future similar cases. Which one was
not
included?
Some jobs are inherently stressful
correct
incorrect
Stress is a subjective concept
correct
incorrect
The employer can assume that his employee can cope with ordinary stresses
correct
incorrect
The nature of the work and the workload should be considered
correct
incorrect
*
not completed
.
Which statute currently provides the framework for workplace safety?
The Human Rights Act 1998
correct
incorrect
The Employers' Liability (Defective Equipment) Act 1969
correct
incorrect
The Factories Act 1961
correct
incorrect
The Health and Safety at Work Act 1974
correct
incorrect
*
not completed
.
In
Fytche v Wincanton Logistics
the defendant employer was liable for failure to maintain protective equipment in good working order.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Which of the reasons below is
not
a justification for vicarious liability?
Due to compulsory insurance, the employer has the 'deep-pocket'
correct
incorrect
The employer will claim reimbursement from the employee who committed the tort
correct
incorrect
The employer has control over the employment situation
correct
incorrect
He who stands to profit from an enterprise should also bear its risks
correct
incorrect
*
not completed
.
Which case is the odd one out?
Storey v Ashton
correct
incorrect
Century Insurance v Northern Ireland Transport Board
correct
incorrect
Smith v Stages
correct
incorrect
Twine v Bean's Express
correct
incorrect
*
not completed
.
Which is the best and most current test to determine the employment relationship for the purposes of vicarious liability?
The integration test
correct
incorrect
The composite test
correct
incorrect
The control test
correct
incorrect
*
not completed
.
Which of the following statements is true of the decision in
Lister v Hesley Hall
?
It added to the Salmond test, the additional 'close connection' test
correct
incorrect
It replaced the Salmond test with the 'close connection' test
correct
incorrect
It rejected 'close connection' as being insufficiently clear
correct
incorrect
It rejected the concept of vicarious liability in cases of criminal misconduct
correct
incorrect
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