Chapter 13 Self-test questions

Vicarious liability and statutory duties
Vicarious liability occurs where one party has responsibility for a wrong committed by someone else.

__________ _________ is a doctrine where an employer will be held liable for the torts of their employee.

For claim to proceed in an action under the Consumer Protection Act 1987, the damage claimed must exceed:

An employee who commits a tort during the course of his/her employment will not escape liability and an employer may attempt to recover any payments under the Civil Liability (Contribution) Act 1978.

The two tests necessary to establish the vicarious liability of an employer is that the tortfeasor is an ________ and the tort was committed in the course of his/her employment.

The 'defendant' identified in the Consumer Protection Act 1987 includes which of the following:
i) The manufacturer.
ii) The importer.
iii) A supplier.
iv) A marketer.

A major rationale for vicarious liability's justification has been the concept of accident/tort prevention.

An employer may be liable for an employee's tort where an authorized act has been conducted in an ___________ way.

An occupier owes a non-visitor a duty to take reasonable care (with regard to a danger) for their safety where:
i) He/she is aware, or ought reasonably be aware, that the danger exists.
ii) He/she is aware, or has grounds to believe the non-visitor is in the vicinity of the danger and may enter the premises.
iii) The danger must be of a type it is reasonable to expect the occupier to protect against.
iv) The danger led to damage of at least £275.

An employer will be held liable for the torts committed by an employee who has acted negligently in an act which the employee was not authorized by the employer to do.

Where an employer has a responsibility that cannot be delegated, they may be liable for a tort committed by an _________ ________.

To establish an employer's vicarious liability for a tort, which TWO of the following criteria are necessary.
i) Employee status of the original tortfeasor.
ii) The employer must have been directly responsible for the tort.
iii) The employee must have been continuously employed for at least one year.
iv) The tort was committed in the 'course of employment.'

The two tests to be satisfied to hold an employer liable for the torts of their workers are: 1) The individual must be considered an 'employee'; and 2) the tort must have been committed in the 'course of employment'.

Where both the employer and an independent contractor were both _________, an employer may be held vicariously liable for injuries to the victim despite the general rule that the doctrine is applicable for the torts of an employee only.

For which of the following is an employer NOT liable?

An employer may expressly inform an employee not to take some action, for example to race in a bus which he/she is employed to drive with care. Where the employee contradicts this instruction, the employer will not be held vicariously liable for any damage / loss caused by the employee in this action.

One of the most significant advantages to a claimant using the Consumer Protection Act 1987 is of ______ _________ and as such the claimant does not need to prove intention or negligence on the part of the defendant.

The term 'course of employment' does NOT include:

An employer will only be vicariously liable for the torts committed by their employees, not independent contractors.

In which situation will an employer be liable for the torts of independent contractors:
i) Where an employer is not at fault but the independent contractor does not have his/her own insurance.
ii) If the tort was ratified or authorised by the employer.
iii) Where the employer owes a duty for the health and safety of their employees.
iv) Where the law / statute imposes a duty on the employer that may not be delegated.

The Occupiers' Liability Acts 1957 and 1984 provide that the occupier of premises owes a duty of care to both visitors and to ___________.

The Consumer Protection Act 1987 protects individuals who have suffered injury as a result of the product they purchased, or where the product caused damage to the individual's property. This goes beyond the remit of the Sale of Goods Act 1979 which provides consumers with rights to have their money returned, or be provided with a repaired item or a replacement in the event of a product failing one of the sections such as provided in 12–15.

To establish a claim of a breach of statutory duty, the following criteria must be satisfied:
i) The defendant owes a duty to the claimant through a statute.
ii) The damaged being claimed was of a kind contemplated by the statute.
iii) The duty was breached by the defendant.
iv) The claimant suffered a loss as a consequence of the defendant's breach.

The common law provides that it is the person who has a degree of control over the premises that will be considered the ________ for the purposes of the Occupiers' Liability Act 1957.

Claims under the Consumer Protection Act 1987 require negligence to be demonstrated before liability will be imposed on the defendant.

Which one of the following statements is correct?

A major rationale for the justification of the doctrine of ________ _________ has been the concept of accident/tort prevention.

In relation to occupiers' liability, Lord Denning stated in Wheat v Lacon that an occupier is a person who is only a tenant or the legal owner of the premises.

The liability for torts committed by a 'loaned' employee rests with the employer who exercised _______ over the employee – be that the original employer or the temporary employer.

In determining whether an interference is a private nuisance, which one of the following is correct?

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