Master and Servant Liability: A Comprehensive Guide for Law Students

Question 1

Which of the following is NOT an essential element required to establish vicarious liability?

Accepted Answer

Employer's personal fault

Answer

Employer-employee relationship

Answer

Tort committed within the scope of employment

Answer

Injury or damage suffered by the claimant

Question 2

In which scenario would an employer generally NOT be held vicariously liable for an employee's actions?

Accepted Answer

A delivery driver causes an accident while using their personal vehicle for deliveries

Answer

A waitress assaults a customer at a restaurant

Answer

A teacher negligently supervises students during a field trip

Answer

A security guard apprehends a shoplifter with excessive force

Question 3

Which factor would NOT be considered in determining whether an employee was acting within the course of employment?

Accepted Answer

Personal motives of the employee

Answer

Express or implied authorization from the employer

Answer

Deviation from authorized activities

Answer

Knowledge of the employer regarding the employee's actions

Question 4

The defense of 'frolic and detour' in vicarious liability generally applies when the employee:

Accepted Answer

Substantially departs from their assigned duties for a significant period

Answer

Engages in an activity that is explicitly prohibited by the employer

Answer

Acts in a reckless or negligent manner

Answer

Causes harm to a third party outside the workplace

Question 5

Which of the following is NOT a potential consequence of vicarious liability for employers?

Accepted Answer

Imprisonment

Answer

Financial compensation for damages awarded to the claimant

Answer

Damage to reputation and goodwill

Answer

Increased insurance premiums

Question 6

Which of the following is a key element for establishing vicarious liability?

Accepted Answer

The tort was committed by an employee within the scope of their employment.

Answer

The tort was explicitly authorized by the employer.

Answer

The employer was negligent in hiring the employee.

Answer

The victim suffered significant damages.

Question 7

In general, which of the following is true regarding vicarious liability and independent contractors?

Accepted Answer

Employers cannot be held liable for the torts of independent contractors.

Answer

Employers can be held liable for the torts of independent contractors.

Answer

Vicarious liability applies to both employees and independent contractors.

Answer

The distinction between employees and independent contractors is irrelevant for vicarious liability.

Question 8

Under certain circumstances, the scope of vicarious liability may extend beyond the employee's usual course of employment.

Accepted Answer

True

Answer

False

Question 9

Vicarious liability holds employers responsible for the actions of their employees, regardless of the employer's own level of fault.

Accepted Answer

True

Answer

False

Question 10

An employer can potentially be held vicariously liable even if the employee's actions violated the employer's instructions.

Accepted Answer

True

Answer

False

Question 11

Which of the following is NOT considered a potential benefit of vicarious liability?

Accepted Answer

Allowing employers to avoid responsibility for the actions of their employees

Answer

Providing compensation to victims of torts

Answer

Encouraging employers to implement safety measures

Answer

Ensuring that employers are held accountable for their employees' conduct

Question 12

What is the purpose of the 'control test' in determining whether an individual is an employee for the purposes of vicarious liability?

Accepted Answer

To determine whether the employer had the right to control the individual's work.

Answer

To determine whether the individual was receiving payment from the employer.

Question 13

Which of the following factors is NOT relevant to the 'control test' in determining whether an individual is an employee?

Accepted Answer

The level of skill required for the job.

Answer

The duration of the working relationship.

Question 14

Which of the following is an example of an employer's non-delegable duty?

Accepted Answer

Providing a safe workplace

Answer

Hiring competent employees

Answer

Training employees

Answer

Supervising employees

Question 15

The doctrine of 'respondeat superior' primarily addresses:

Accepted Answer

The liability of an employer for the wrongful acts of their employees.

Answer

The liability of an employee for the wrongful acts of their employer.

Answer

The liability of a principal for the wrongful acts of their agent.

Answer

The liability of a partner for the wrongful acts of their co-partners.

Question 16

Which of the following is a fundamental principle of vicarious liability?

Accepted Answer

The employer is responsible for the wrongful acts of their employees committed within the scope of employment

Answer

The employer is solely liable for the negligence of their employees

Answer

The employee is always personally liable for their own misconduct

Answer

Vicarious liability only applies to intentional torts

Question 17

What is meant by 'scope of employment' in the context of master and servant liability?

Accepted Answer

Activities that are reasonably related to the employee's job duties

Answer

Any activities performed by the employee on behalf of the employer

Answer

Activities that are specifically assigned to the employee

Answer

Activities that are expressly prohibited by the employer

Question 18

Which of the following is NOT a defense available to an employer in an action for vicarious liability?

Accepted Answer

Lack of knowledge of the employee's misconduct

Answer

Independent contractor defense

Answer

Contributory negligence of the victim

Answer

Statutory immunity

Question 19

In the landmark case of Smith v. Stages (2001), what was the primary focus of the court in determining employer liability?

Accepted Answer

Whether the employee's actions were within the scope of employment

Answer

Whether the employer had taken adequate precautions to prevent the incident

Answer

Whether the victim had assumed the risk of injury

Answer

Whether the employee was an independent contractor

Question 20

What is the significance of 'non-delegable duties' in the context of master and servant liability?

Accepted Answer

Certain duties cannot be delegated to employees, and the employer remains liable for any breach

Answer

Employees are personally liable for any negligence in carrying out delegated duties

Answer

Employers can only delegate duties to employees who are highly skilled and experienced

Answer

Vicarious liability does not apply to non-delegable duties

Question 21

In the case of Murray v. Leisureplay plc (2005), the court held that the employer was not vicariously liable for the employee's assault on a customer. What was the main reason for this decision?

Accepted Answer

The assault was not within the scope of employment

Answer

The employer had taken reasonable steps to prevent the assault

Answer

The victim had consented to the assault

Answer

The employee was acting in self-defense

Question 22

What is the purpose of the 'frolic and detour' doctrine in the context of master and servant liability?

Accepted Answer

To determine whether the employee's actions were within the scope of employment during a deviation from their usual duties

Answer

To establish the employer's duty of care to their employees

Answer

To limit the employer's liability for the employee's negligence

Answer

To provide a defense to the employer in cases of contributory negligence

Question 23

In which scenario would an employer NOT be held vicariously liable for the actions of an employee?

Accepted Answer

An employee causes an accident while driving a company vehicle outside of work hours.

Answer

An employee steals money from the register while on duty.

Answer

An employee assaults a customer during a heated argument while providing customer service.

Question 24

In the landmark case of Frolic v Parkyns, what was the crucial factor in determining the employer's liability?

Accepted Answer

The servant was acting outside the scope of their employment

Answer

The servant was intoxicated at the time of the incident

Answer

The victim was a close friend of the servant

Answer

The servant had been specifically instructed not to engage in the activity that caused the harm

Question 25

Which of the following is a potential defense against vicarious liability based on the employer's negligence?

Accepted Answer

The employer took reasonable steps to prevent the employee's negligent act

Answer

The employee was acting under duress

Answer

The victim was contributorily negligent

Question 26

What is the significance of the 'control test' in determining the existence of an employer-employee relationship?

Accepted Answer

It evaluates the employer's level of authority over the worker's duties

Answer

It is only relevant in cases involving independent contractors

Answer

It considers the duration of the worker's service

Answer

It assesses the level of compensation paid to the worker

Question 27

In the context of vicarious liability, what is the purpose of the 'non-delegable duty' doctrine?

Accepted Answer

To make employers accountable for certain essential duties that cannot be assigned to others

Answer

To extend vicarious liability to third parties who assist the employee in causing harm

Answer

To establish a rebuttable presumption of employer negligence

Question 28

Which of the following situations would typically NOT result in vicarious liability for the employer?

Accepted Answer

An employee intentionally harms a third party while running a personal errand

Answer

An employee negligently damages a customer's property while serving them

Answer

An employee fraudulently obtains a benefit for the employer

Question 29

What is the primary rationale behind the doctrine of vicarious liability?

Accepted Answer

To hold employers responsible for their employees' actions and encourage responsible supervision

Answer

To deter employers from engaging in harmful or negligent practices

Answer

To provide employees with a guaranteed source of compensation for their injuries

Question 30

In which of the following cases is an employer MOST LIKELY to be held vicariously liable for the negligence of an independent contractor?

Accepted Answer

The independent contractor was hired to perform a hazardous or inherently risky task

Answer

The independent contractor is a highly skilled professional

Answer

The employer had no control over the task's execution

Answer

The employer obtained insurance to cover potential liability

Question 31

Which of the following is NOT a statutory defense to vicarious liability under the Health and Safety at Work etc Act 1974?

Accepted Answer

The employee intended to cause harm

Answer

The employee was not acting in the course of their employment

Answer

The employer took all reasonable precautions to prevent the harm

Question 32

What is the significance of the 'course of employment' requirement in establishing vicarious liability?

Accepted Answer

It ensures employer liability only for actions directly related to the employee's work

Answer

It is irrelevant when the employee is acting under the employer's express instructions

Answer

It extends vicarious liability to cover all actions taken by the employee during working hours

Answer

It allows employers to escape liability even with negligence in hiring or supervising the employee

Question 33

Which of the following is NOT a defense available to an employer in a vicarious liability case?

Accepted Answer

Contributory negligence of the employee

Answer

Authorization of the employee's actions

Answer

Lack of foreseeability of the employee's actions

Answer

Independent contractor status of the employee

Question 34

Under the principle of vicarious liability, when would an employer be held liable for the actions of their employee?

Accepted Answer

The employee was acting within the scope of their employment.

Answer

The employee was acting on behalf of a third party.

Answer

The employee was acting outside of working hours.

Answer

The employee was acting for personal reasons.

Question 35

Which of the following factors is most crucial in determining if an individual is considered a 'servant' or an 'independent contractor'?

Accepted Answer

The employer's degree of control over the individual's work.

Answer

The length of the individual's employment.

Answer

The nature of the work performed.

Answer

The individual's level of compensation.

Question 36

What legal test is typically used to determine whether an employee's actions fall within the scope of their employment?

Accepted Answer

The Salmond Test

Answer

The Foreseeability Test

Answer

The Authorization Test

Answer

The Reasonable Person Test

Question 37

In which of the following scenarios would an employer NOT be liable under the principle of respondeat superior for the actions of their employee?

Accepted Answer

The employee was acting fraudulently, with the intention to benefit personally and not the employer.

Answer

The employee was acting negligently, causing harm to a third party.

Answer

The employee was acting recklessly, resulting in harm to a third party.

Answer

The employee was acting intentionally, causing harm to a third party.

Question 38

Which of the following is NOT considered a non-delegable duty that can lead to vicarious liability for an employer?

Accepted Answer

Duty to provide safe premises, which can be delegated to a third-party contractor.

Answer

Duty to supervise employees effectively.

Answer

Duty to provide safe equipment for employees to use.

Answer

Duty to provide adequate training to employees.

Question 39

In which of the following situations would an employee be personally liable for their actions, even if their employer is also vicariously liable?

Accepted Answer

The employee acted fraudulently, with the intention to benefit personally.

Answer

The employee was acting within the scope of their employment.

Answer

The employee was following the instructions of their employer.

Answer

The employee was not aware of the employer's vicarious liability.

Question 40

What is the most accurate definition of 'vicarious liability' in the context of employer-employee relationships?

Accepted Answer

An employer's legal responsibility for the wrongful acts of their employee, committed during the course of employment.

Answer

A legal principle that ensures fair treatment for both employers and employees.

Answer

A legal doctrine where employees are held accountable for their employer's actions.

Answer

A legal obligation for employees to compensate their employers for any losses caused by their actions.

Question 41

For an employer to be held vicariously liable for an employee's tort, the act must have been committed:

Accepted Answer

Within the scope of the employee's employment.

Answer

While the employee is performing a personal task unrelated to work.

Answer

While the employee is on vacation.

Answer

During the employee's commute to or from work.

Question 42

In which scenario is an employer MOST likely to be held vicariously liable for an employee's negligence?

Accepted Answer

A delivery driver crashes into a parked car while making a delivery for their employer.

Answer

A company driver uses the company car for a personal errand and gets into an accident.

Answer

A receptionist gossips with a colleague about a client during their lunch break, causing the client distress.

Answer

A factory worker injures themselves while attempting a dangerous stunt during a break.

Question 43

The 'Close Connection Test', used to determine vicarious liability, was established in which landmark case?

Accepted Answer

Lister v Hesley Hall Ltd [2001]

Answer

Caparo Industries plc v Dickman [1990]

Answer

Nettleship v Weston [1971]

Answer

Donoghue v Stevenson [1932]

Question 44

An employee uses their employer's company car for a personal trip and causes an accident. Is the employer likely liable under vicarious liability?

Accepted Answer

No, as the employee was not acting within the scope of their employment.

Answer

Yes, as employers are always liable for the actions of their employees.

Answer

It depends on the specific terms of the employee's contract.

Answer

Yes, as the employer provided the vehicle.

Question 45

The 'borrowed employee' doctrine applies when:

Accepted Answer

An employee is temporarily assigned to work for a different employer, who may then be held vicariously liable for their actions.

Answer

An employer lends money to an employee for personal expenses.

Answer

An employee borrows equipment from their employer for personal use.

Question 46

In which scenario would an employer MOST likely argue that the harm was caused by an independent contractor, NOT an employee?

Accepted Answer

A homeowner hires a freelance electrician to install new wiring, and the electrician accidentally starts a fire.

Answer

A construction company hires a team of laborers to demolish a building, and one laborer injures themselves while operating heavy machinery.

Answer

A restaurant owner hires a waiter to serve customers, and the waiter accidentally spills hot coffee on a customer.

Answer

A supermarket manager assigns a cashier to operate the checkout, and the cashier accidentally scans a product at the wrong price.

Question 47

What was the key legal principle established in the case 'Various Claimants v Catholic Child Welfare Society [2012]' regarding vicarious liability?

Accepted Answer

Vicarious liability can extend beyond traditional employer-employee relationships to include relationships 'akin to employment'.

Answer

Vicarious liability is only applicable in cases of workplace accidents.

Answer

Vicarious liability only applies to intentional torts, not negligent acts.

Answer

Employers are always liable for the actions of their employees, regardless of the circumstances.

Question 48

What is the main reason for studying vicarious liability within tort law?

Accepted Answer

To hold employers accountable for harm caused by their employees, ensuring victims receive compensation and deterring future negligence.

Answer

To make it easier for employees to avoid liability for their actions.

Answer

To create a balance of power between employers and employees.