Torts 2 Week 11

What is apart of the unholy trinity of defences available for an employer?

• Common employment defence

• Voluntary assumption of risk

• Contributory negligence

• Criminal behaviour and intoxication

Vicarious liability entails the imposition of liability on one party for the wrong of another even if the person held liable is not at...

A non-delegable duty is a duty which can be delegated to a third party, it is not a personal duty

• True

• False

The CLA is used for employer liability

• True

• False

Which section determines who a worker is?

• CLA s 11

• CLA s 32

• WCRA s 11

• WCRA s 32

Which section defines an injury?

• WCRA s 32

• WCRA sch 2

• CLA sch 2

• CLA s 32

The WCRA s 33-36 sets out the 'course of employment' includes being at the place of employment and engaged in an activity for, or in connection with, the employer's trade or business. What else does it include?

• Being off-site whilst on employer business

• Ordinary recesses

• Journey claims

• Being an employee generally, but not undertaking work at that time

Which cases determined the circumstances must be connected to inducement or encouragement by the employer for the 'course of employment' not merely because you're at a place

• Hatzimanolis v ANI Corporations Ltd

• Comcare v PVYW

• Czatyrko v Edith Cowan University

• Koehler v Cerebos (Australia) Ltd

There are no fault benefits contain in the WCRA

• True

• False

The WCRA is used to establish every element/step of a negligence action

• True

• False