LOWYS TEST Meaning and
Definition
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Lowys test is a legal principle that is used to determine whether an individual can be held responsible for the tortious acts of another person. Specifically, it is a test used to establish vicarious liability in cases where an employer can be held accountable for the actions of their employee.
The term "Lowys test" is derived from the English case of Lowys v. Forbes, which set a precedent for the assessment of vicarious liability. According to this test, three factors must be satisfied in order for an employer to be held responsible for the acts of their employee: control, integration, and enterprise.
Firstly, the element of control refers to the level of authority and supervision the employer exercises over the employee. It assesses whether the employer has the ability to direct and control the employee's actions. Secondly, integration is concerned with the extent to which the employee is integrated into the overall organizational structure of the employer. It examines whether the employee is considered an integral part of the business. Lastly, enterprise evaluates the connection between the wrongful act and the employee's duties or tasks. It investigates whether the wrong occurred within the scope of employment.
Overall, Lowys test is a legal framework that acts as a criterion to determine whether vicarious liability applies in cases involving employee torts. It ensures that an employer is only held accountable for the actions of their employees if they satisfy the control, integration, and enterprise requirements.
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