3003LAW Study Guide - Final Guide: Nervous Shock In English Law, Contributory Negligence, Paraplegia
27 Jul 2018
School
Department
Course
Professor
Document Summary
Vicarious liability: imposed in certain relationships eg. employee/ employer. Vicarious liability may exist if the wrongful act is done in intended pursuit of the employer"s interest or intended performance of the contract of employment. Employer is not liable if employee does a tortious act outside of scope of employment. (deatons v flew) bar maid threw glass of beer and the glass at customer in a hotel. Hotel owner was not liable; purpose of barmaid was just to serve customers, there were hired people to keep the peace. Nsw v lepore; samin v queensland; rich v queensland(2003) There will be vicarious liability for criminal conduct if there was a close enough connection with the responsibilities of the employer. Intoxication: voluntary assumption of risk, recreational activities, statutory defences. Ordinary cases of negligence: positive act by d causes physical injury to p or property damage, reasonably foreseeable risk of harm, establish closeness between p&d to establish doc.
