Liability not dependent on Fault (Civil Law) (4)
- Created by: Elliiphant
- Created on: 01-06-15 21:09
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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
- 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
- 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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