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Related Flashcards
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Cards In This Set
| Front | Back |
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Which tests confirm if someone is an employee
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Control Test
Business on his own account
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Which case do you use for the control test?
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Ready-mixed concrete v Minister of Pensions
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What points towards employment?
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Exercise of control
payment of wage
acceptance of business risk
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"Business on his own account" - Which case?
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Hall v Lorimer
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Key issues of Hall v Lorimer
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Tv company told him how long to work
CA held crucial factor and he wasnt on his own account
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Other factors to take into consideration when considering business on his own account
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Own equiptment
Financial risks
hire helpers
investment responsibilities
Quite a few clients
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In the course of employment 3 points.
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Employee acting in time and space
Doing what they should
Fair and Just?
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TIME AND SPACE case
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Compton v Mc-Clure
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What was the employee doing?
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Century Insurance Co Ltd v Northern Ireland Road Transport Board.
Morris v Martin
Limpus v London General Omnibus co
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Is it fair to hold the employer liable
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Trotman v North Yorkshire CC
Lister v Hesley Hall
Mattis v Pollock
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What was the employee Doing?
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Iqbal v London Transport Executive
Rose v Plenty
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Frolics of their own.
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Heasmans v Clarity Cleaning
Hilton v Burton
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Employers Indemnity
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Lister v Romford ice and cold storage
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Liability for independant contractors and others
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Liable if negligent selecting, he authorised tort or "non delegable" duty of care
Honeywill & Stein v Larking Brothers ltd
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Why is it imposed?
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Control, benefits, resources, negligent recruitment, promotion of care
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