The determination whether the actual wrongdoer is a servant or agent on the one hand or an independent contractor on the other depends on whether or not the employer not only determines what is to be done, but retains the control of the actual performance, in which case the doer is a servant or agent; but if the employer, while prescribing the work to be done, leaves the manner of doing it to the control of the doer, the latter is an independent contractor.
The mere opportunity to abuse children was not the reason for liability; it has been suggested that if it were a groundsman who had carried out the abuse, it would not have resulted in liability.
One such is where an activity is being undertaken which is especially hazardous, and involves obvious risks of damage. Two similar cases demonstrate this problem. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it.
In the Lister case, the line of reasoning was that the defendants owed a duty of care to the boys The english law on vicarious liability essay take reasonable steps to ensure their safety and that this duty was non-delegable in nature.
If the goods are lost or damaged, whilst they are in his possession, he is liable unless he can show - and the burden is on him to show - that the loss or damage occurred without any neglect or default or misconduct of himself or of any of the servants to whom he delegated his duty. Initially it was held under the precedent of T v North Yorkshire CC that such acts could not have been in the course of his employment.
Search our thousands of essays: There are also moral considerations to the concept — an employer profits from his business and therefore ought to bear any loss resulting from business activities. The employer is clearly in a better position to insure and protect against claims, and the risk should fall on him.
Advocacy of the indemnity features on rules of principal liability; the person to commit a tort and to cause damage should pay damages arising from it. The employer in this instance did everything possible to ensure the safety of the project undertaken. The House of Lords chose to extend the principal liability of employers, to cover fraudulent representations made by employees with no actual or ostensible authority to make them.
Practically, employers are encouraged to take an interest in responsibly employing, training and supervising workers properly to avoid potential claims.
He subsequently went home and returned with a knife, stabbing the customer, resulting in serious injuries. A preferred test of the courts was formulated by John William Salmondsome years ago, which states that an employer will be held liable for either a wrongful act they have authorised, or a wrongful and unauthorised mode of an act that was authorised.
The job was entrusted to Mr Grain as Warden who abused the position. Their employers were found vicariously liable, as the dangerous methods of photography created a fire hazard. For example, where a professional rugby player was expressly prohibited in contract from assaulting another player, it was held that as it had been contemplated by the drafters, such an act was in the course of his employment.
As can be noted, liability is generally not extended to the acts of independent contractors. Unlike other intentional torts, which tend to be premeditatedliability for assault has been found in several cases prior to Lister v Hesley Hall Ltd.
In following the ratio decidendi of the Supreme Court of Canada in the case of Bazley v Curry the House of Lords established a newer test for finding liability in cases of intentional torts; where a tort committed by an employee is closely connected to their duties, their employer may be found liable.This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Tort Vicarious Liability. The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment.
This essay will address the question by exploring cases dealing with occupiers liability, vicarious liability and psychiatric harm. I intend to focus on narrow aspects within these three areas of law allowing a deep critical analysis.
Free Essay: Case Study Vicarious Liability Introduction Under the English Common Law, Vicarious liability is a principle of the tort laws. The law imposes. The law on vicarious liability starts with the tortfeasor being the employee and is followed by tests to determine whether a person is an employee or a contractor.
The first test is the control test, the next is the organisation test and the last is the multiple test which will be discussed in detailed further on.
Free Essay: The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of.Download