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Employment Law: Ingrid Moonrakers Case - Essay Example

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The present paper aims to analyze Occupiers Liability Act 1957 through Ingrid Moonraker’s Case. As Head Teacher at Farside Comprehensive school Ingrid Moonraker’s, Ingrid is an agent of the local education authority and her conduct as such is deemed to be that of the local education authorities…
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"Employment Law: Ingrid Moonrakers Case"

Download file to see previous pages Employment for the purposes of vicarious liability refers to the degree of control one has over another.  For instance, if the individual is accountable to another and is required to act on instructions from another, he or she is an employee.   On the facts, Ingrid is under the command of the local education authority. Sonja can, therefore, sue the latter on the basis of vicarious liability.Employment for the purposes of vicarious liability refers to the degree of control one has over another.  For instance, if the individual is accountable to another and is required to act on instructions from another, he or she is an employee.   On the facts, Ingrid is under the command of the local education authority. Sonja can, therefore, sue the latter on the basis of vicarious liability. The only means by which the local education authority may escape liability is if they can successfully argue that Ingrid, by letting the Hall was not acting in the course of her employment, but rather, was off on a frolic of her own.  However, this will be a difficult argument for the authority to substantiate in light of the court’s ruling in Rose v Plenty .where the court ruled that an employee who performed a prohibited act, was not off on a frolic of his own because he was still acting in the course of employment.  Vicarious liability is meant to confer a measure of strict liability on the employer so that the employer may not escape liability by distancing himself from the employee who is acting in the usual course of his or her employment.   It, therefore, follows, that although Ingrid may not have been authorized to let the Hall, she was nonetheless acting in the course of her employment.In this regard, the local authority is liable for Ingrid’s conduct and the question then turns on whether or not Ingrid’s conduct is such as to give rise to liability in tort. To this end, the duty of care toward occupiers of the premises is founded on both common law and statutory principles.  The defective equipment, for all intents and purposes, will fall within the parameters of local authority’s duty of care with respect to persons on the school’s premises. The local authority delegated the control and care of the premises to Ingrid as head teacher.  Ingrid’s control is manifested by her conduct. ...Download file to see next pagesRead More
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