The Case Of Lister V Romford Cold Storage Co. - 984 Words.
General remarks This essay question on vicarious liability uses a quotation that asks candidates to assess the policy reasons behind the principle of vicarious liability. To do so requires a clear of understanding of these principles and case examples of the way vicarious liability is currently developing. A good essay will take a position on whether vicarious liability, as presently conceived.
Vicarious Liability Essay. 992 Words 4 Pages. Show More. This essay aims to briefly outline the reasoning as to why employers are responsible for their employees’ actions, as well as exploring numerous ideas that are either in favour or against vicarious liability. Firstly vicarious liability is responsibility “for the tort of others and it arises because there is a special relationship.
You might get confused since sometimes books mix up vicarious liability with non-delegable duties. They are different things. Non-delegable duties fits under the category of duty of care, where an employer might delegate the performance for a specific duty but not the liability of it.
Vicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself. It is therefore a form of strict liability (in that the defendant is not at fault). The most common form of vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment. The issue of.
Ass. No. 2 Essay Q.1 Student No. 201212185 What is vicarious liability? Analyse the differences between contractors and employees and explain why these differences are important, in your answer you should consider the multi-factor test. Vicarious liability is a part of Tort law, which can be defined as the imposition of liability on a third party, such as an organisation or employer for the.
The court stressed that vicarious liability cannot be avoided by technical arguments about the employment status of the individual who committed the acts. Whilst these recent cases have not changed the law on vicarious liability, they have broadened the potential circumstances where vicarious liability may be imposed. The difficulty for employers putting themselves in Morrison’s shoes, is.
Vicarious liability can thus take the form of employers’ liability, parental liability, principals’ liability, corporations in tort liability, and continued liability, and indemnity of employees. All these liabilities have ethical issues to be considered during application. In various circumstances, it may be legal, but unethical to apply a particular vicarious liability.