Question 1

The 'close connection' test was established in which case?&#10;A) Majrowski v Guy's and St Thomas' NHS Trust&#10;B) Lister v Hesley Hall Ltd&#10;C) Mattis v Pollock&#10;D) Catholic Care Welfare Society v Institute Brothers of Christian Schools

Accepted Answer

The 'close connection' test was established in the case of Lister v Hesley Hall Ltd.

Question 2

Under the principle of vicarious liability an employer will be liable instead of their employee for the wrongs committed by the employee in the course of their employment.

Accepted Answer

Under the principle of vicarious liability an employer will be liable for wrongs committed by an employee in the course of their employment. However, the employee remains liable for the torts they have committed (although typically they are not worth pursuing for financial reasons).

Question 3

An employer will not be vicariously liable unless which of the following conditions are met? Please select all that apply.&#10;A) There is an employer-employee relationship.&#10;B) The employee has committed a tort in the course of their employment.&#10;C) The employee is unable to pay the compensation.&#10;D) The employee's employment provided them with the opportunity to commit the tort.

Accepted Answer

An employer is vicariously liable when there is an employer-employee relationship and the employee commits a tort in the course of their employment.

Question 4

Which of the following are possible justifications for the imposition of vicarious liability? Please select all that apply.&#10;A) An employer derives an economic benefit from their employees' work and so they should bear any related burdens.&#10;B) The employer has 'deeper pockets'.&#10;C) The financial loss arising from the wrongdoing can be spread more widely across the community through liability insurance and/or higher prices.&#10;D) Employers are in the best position to reduce the likelihood of workplace accidents, and indeed intentional wrongdoing by their employees.

Accepted Answer

A) An employer benefits economically from the work done by their employees, and vicarious liability ensures that they take responsibility for any harm caused by their employees in the course of employment.
B) The employer may have more resources to pay for damages caused by their employees, making them the more financially responsible party to be held liable.
C) Liability insurance spreads the cost of damages more widely across the community, better distributing the burden of harm caused by an employee's actions.
D) Employers have a duty to prevent harm in the workplace, giving them the responsibility to ensure that their employees act in accordance with the law and do not cause harm to others in the course of work.

Question 5

Match For each of the following cases name the highest court reached or complete the case name.
-Various Claimants v Catholic Child Welfare Society and others

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Accepted Answer

Various Claimants v Catholic Child Welfare Society and others was a landmark case that reached the UK Supreme Court, formerly known as the House of Lords.

Question 6

Match For each of the following cases name the highest court reached or complete the case name.
-Lister v Hesley Hall

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Accepted Answer

Lister v Hesley Hall went to the House of Lords (HL) which was the highest court in the UK at the time the case was heard. However, since the establishment of the UK Supreme Court (UKSC) in 2009, the highest court is now the UKSC. Birmingham Catholic Archdiocese Trustees and The Trustees of the Portsmouth Roman Catholic Diocesan Trust are not relevant to the Lister v Hesley Hall case.

Question 7

Match For each of the following cases name the highest court reached or complete the case name.
-Lister v Hesley Hall

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Accepted Answer

Maga v. Trustees of the Birmingham Archdiocese of the Roman Catholic Church is the full name of the case, which involves a claim against the Catholic Church for abuse by a priest.

Question 8

Match For each of the following cases name the highest court reached or complete the case name.
-Lister v Hesley Hall

A) UKSC
B) HL
C) Birmingham Catholic Archdiocese Trustees
D) The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Accepted Answer

The case JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust reached the Court of Appeal, and the correct completion of the case name is with the Trustees of the Portsmouth Roman Catholic Diocesan Trust.

Deck 20: Vicarious Liability