- Whether EIC Ltd will be vicariously liable (a) to the pedestrian for her injuries resulting from the negligence of the truck-mounted crane driver/operator (b) to the local resident for his injuries following the battery inflicted by the Site Manager.
- What steps might EIC Ltd take to reduce its exposure in relation to vicarious liability claims in the future.
Guidance: you are entitled to assume that the Site Manager in 1(b) is an employee without explaining the meaning of an employment relationship. However, some explanation as to what is meant by a ‘relationship akin to employment’ will be required in relation to your discussions concerning the truck-mounted crane driver/operator in 1(a). Whilst candidates are expected to explain the law for the benefit of the Board, it is not necessary to identify specific case names.