Chapter 16 Multiple Choice Questions

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. What is vicarious liability?

Vicarious liability imposes liability on an employer for the acts of his employees, providing that the employer is also in some way to blame. correct incorrect

Vicarious liability refers to a situation where liability is imposed on one person for the acts of another person. correct incorrect

Vicarious liability is an independent tort that creates a cause of action against the employer of an employee who has committed a tortious act. correct incorrect

Where an employee commits a tort, vicarious liability provides that the employee will not be sued, but his employer will be sued instead. correct incorrect

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. Which one of the following is NOT required in order to impose vicarious liability on an employer?

The employee must have acted negligently. correct incorrect

The employee must have committed a tort. correct incorrect

The tort must have been committed in the course of the employee's employment. correct incorrect

There must be an employer-employee relationship. correct incorrect

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. Today, how do courts determine whether a person is an employee?

The courts will look at to what extent the purported employee is integrated into the employer's business. correct incorrect

The courts will look at the extent to which the employer controls where the purported employee works, what he does and how he does it. correct incorrect

The courts will look at how the purported employee is classified in his contract. correct incorrect

The courts will take into account all the facts of the case in order to determine whether or not a person is an employee. correct incorrect

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. What is the ratio of Lister v Hesley Hall Ltd?

That the Salmond test should never be used and the 'close connection' test should be used instead. correct incorrect

That the Salmond test was the correct test to use to determine if a tort was committed in the course of the employee's employment. correct incorrect

That whether the tort was committed in the course of the employee's employment would be determined by how close the connection was between the tort and the employee's employment. correct incorrect

That the Salmond test and the 'close connection' tests could be used interchangeably, as they always produce the same outcome. correct incorrect

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. Vicarious liability can arise outside of the employer-employee relationship. Bearing this in mind, which one of the following statements is untrue?

An owner of a business can be vicariously liable for the acts of his independent contractors. correct incorrect

A principal can be liable for torts committed by his agent. correct incorrect

The owner of a vehicle can be liable for torts committed in that vehicle by another person. correct incorrect

Partners in a partnership can be vicariously liable for each other's tortious acts. correct incorrect

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. What is 'subrogation?'

The ability to take on the legal rights of others. correct incorrect

The ability of an employer to obtain a contribution from an employee who has committed a tortious act for which the employer has been found vicariously liable. correct incorrect

The lending by one employer of an employee to another employer. correct incorrect

The term used to describe the ratification of a tort by an employer. correct incorrect