Vicarious Liability | OCR A-Level Law (H418)
Vicarious Liability
- 25 questions
- 2 subtopics
- Component 2: Law making and the law of tort
- Component 2
When one party answers for a tort committed by another..
It covers the nature and purpose of vicarious liability and liability for employees and independent contractors.
Sample questions from Vicarious Liability
Answer each one closed book first, then open the answer.
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The nature and purpose of vicarious liability
What is a key criticism of vicarious liability relating to fault?
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It imposes liability on a party who is not personally at fault, which may be considered unjust. -
The nature and purpose of vicarious liability
How does vicarious liability achieve the tort aim of deterrence?
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By incentivising employers to prevent employee wrongdoing. -
Liability for employees and independent contractors
According to the Salmond test, in what two situations will a wrongful act be considered within the course of employment?
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Either the act was authorised by the employer, or it was an unauthorised mode of doing something authorised. -
Liability for employees and independent contractors
What did Various Claimants v Catholic Child Welfare Society (2012) decide about relationships akin to employment?
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The Institute of the Brothers of the Christian Schools was vicariously liable for abuse by brothers who were not its employees, because their relationship with it was akin to employment.
The 2 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| The nature and purpose of vicarious liability | Recall questions on what vicarious liability is, how it serves compensation, deterrence and loss distribution, why employers are better placed to bear the cost, and criticisms that it imposes liability without fault and is hard to predict. | 10 |
| Liability for employees and independent contractors | Recall questions on the control, integration and multiple tests for employment status, the Salmond test for the course of employment, a frolic of his own, and the close connection test from Lister v Hesley Hall for intentional torts. | 15 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.