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Tutorial Questions - Vicarious Liability-Unit 1-Tort 2

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17 views1 page

Tutorial Questions - Vicarious Liability-Unit 1-Tort 2

Uploaded by

Britany Henry
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIVERSITY OF TECHNOLOGY, JAMAICA

FACULTY OF LAW 2021/2022

VICARIOUS LIABILITY

PROGRAMME: Bachelor of Laws

STAGE/YEAR: Year III Semester I

MODULE TITLE: LAW OF TORT 2

TUTORIAL QUESTIONS:
1. Consider whether the following would be classed as employees or independent contractors:

(i) Sarah, a machinist, who works from home stitching shirts from pieces of cloth pre-cut and
delivered by Tej, who also deducts National Insurance payments from her pay but leaves her to
settle her own tax. Tej owns the sewing machine that Sarah uses.

(ii) Eric, a plasterer, who travels round building sites and works for cash payments. Neither he nor
builders that he works for pay tax or NIS for him. He uses his own tools.

(iii) Coco, a circus clown, who also sells tickets before performances and helps to pack up the big top
when the circus goes on to the next town. He also drives one of the lorries that transports the
circus. The circus owner says that Coco is self-employed.

(iv) Alistair is a consultant orthopaedic specialist. He is paid a full-time salary by an UWI hospital but
spends three days per week seeing private patients.

2. Consider whether the employer, ‘Eazi-build’ would be liable in the following circumstances:

i. Roger is employed by ‘Eazi-build’, a DIY warehouse. While driving to work one morning his
negligence causes a car crash in which Parminder is injured and her car is damaged beyond repair.

ii. Simon is a travelling salesman for ‘Eazi-build’ who works from home. While driving to his first call he
negligently collides with a car driven by Oona, injuring her and damaging her car.

iii. Taru is a delivery driver for ‘Eazi-build’. One day after completing his last morning delivery instead of
returning to work as he should he goes to the Red Lion for a few beers. On driving back to work he
negligently runs over a pedestrian, Nellie, killing her.

3. Employers benefit from the work of their employees and should therefore be liable for any damage
caused by the employee in the performance of that work.” To what extent do you agree with this
statement?

4. Discuss the argument that vicarious liability is unjust as it places liability on someone other than the
person at fault. Use decided cases and statute to support your position (if any).

5. Critically discuss the circumstances under which the owner of a vehicle can be held liable for damage
caused by the negligent driving of such vehicle by persons who are not servants but merely ‘casual
agents’ of the owner. Use decided cases and statute to support your position (if any).

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