契约关系.docVIP

Question 1 What is the difference between a contract of service and a contract for services? 1.a contract of service：an employee with an employment contract a contract for services: an independent contractor, who provides services to clients 2. 区别：employee享有更多权利，得到更多法律保护，包括statement of contract, reasonable notice, against unfair dismissal, maternity leave等。 Question 2 With reference to Question 1 above, what kind of contract does Cameron have withTartan Transport PLC? A contract for services. (an independent contractor) 举一个案例 Ready Mixed Concrete (South East) Ltd v Minister of Pensions [1968] Hall v Lorimer [1992] MacFarlane v Glasgow City Council [2001] MacFarlane v Glasgow City Council [2001] 案情：Mrs MacFarlane and Mrs Skivington had previously worked as gymnastic instructors for Glasgow City Council on a casual basis when in 1992 the Council attempted to regularise the relationship by sending them a document setting out their terms of engagement. Both declined to sign the document. In 1998, Mrs M and Mrs S claimed unfair dismissal. 结论：It is held that just because a gymnastic instructor could arrange a replacement from a register maintained by the council, if she was unable to attend, did not mean she could not be an employee Question 3 Will the company be liable to the passengers for the injuries caused by Cameron’s negligence? 公司不承担责任 原因：Vicarious liability是雇主（ employer ）对雇员（ employee ）工作中的行为承担责任，案中的Cameron是independent contractor，不是employee 介绍以下案例 Mersey Docks and Harbour Board v Coggins Griffith (Liverpool) Ltd [1947] 只有两种情况下Hirer of independent contractor需要承担责任 A) 他明知此人（contractor）没有能力做这样的工作 B) Contractor 是按照hirer的具体指示做的 Mersey Docks Harbour Board v. Coggins Griffiths (Liverpool) Ltd 案情：Coggins and Griffiths hired a crane and driver from the Mersey Docks and Harbour Board. the driver, Mr Newall, drove the crane negligently and trapped Mr Mcfarlane injuring him. The contract between the Board and the hirers stated that the driver was to become their emplo