Liability not dependent on Fault (Civil Law) (4)

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  • Liability not dependant on fault in Civil Law
    • Often people are found guilty of a crime when they are not at fault
    • Vicarious Liability makes one person liable for the fault of another e.g. Role v Plenty when the defendant gave a lift to a boy whilst working who got injured, and the employer was found vicariously Liable for the defendants act.
      • This appears to be unfair/ unjustified as the employer was only to blame because he hired the defendant and he himself had not injured the boy
        • Here we have the example that there is no need to prove fault in tort
    • If the value of fault is to 'uphold and re-enforce the values of society' then surely the driver of the van should be punished as he was the one who put society at risk, not the employer.
      • Here we have the example that there is no need to prove fault in tort

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