Vicarious Liability

All you need for Q2

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  • Created by: Alia
  • Created on: 07-06-13 14:15

Q2 Law Intro

Vicarious Liability is where one party is held liable for the tortious acts of another; this is usually an employer/employee situation which is a one that is often denied by the employer. However it is important to note that it is not limited to this type of relationship. (Morgans v Launchbury). Although there are three conditions which needs to be met in order for the employer to be vicariously liable. They must be an employee opposed to an independent contractor as an employer is not usually liable for independent contractors, a tort must have been committed and it must have taken place in the course of employment. This limits to a certain extent the scope of liability as vicarious liability as it is said to be strict liability meaning that there is liability regardless of fault, however a number of tests demonstrate that this is debatable.

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