Vicarious Liability Essay

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THE DOCTRINE OF VICARIOUS LIABILITY The doctrine of vicarious liability also known as “master and servant liability” has become well established in English law where it is clearly indicated the circumstances in which it becomes applicable in tort law. The general rule in tort law is that a person committing a tort is personally liable for damage or harm as a result. However there are circumstances where a master/employer is liable for his employee’s wrong as long as it is committed in the course of employment. It isn’t necessary for the employer to have breached any duty owed to the injured party and therefore operates as a strict or no-fault liability. English law has also established that an employer is also vicariously liable for breach of statutory duty by an employee. In order to establish vicarious liability, it is necessary to show that an employee was employed under contract of service or in the case of an independent contractor a contract for services. EMPLOYEE Can be described as an individual undertaking to do work for another under contract of service CONTRACT OF SERVICE In order to establish a contract of service several traits are put in consideration, these are: Control test This is said to be where the employer has decided how the work should be carried out i.e. the actual method stipulated, rather than simply telling the employee what has to be done. Economic reality test If the person who committed the harmful act doesn’t assume any economic incentive or economic risk in committing the act then the individual is deemed an employee. The integration test If the employee’s work is considered integral to the operation of the business then the person who committed the act while doing the integral work is considered to be an employee. EMPLOYER The person paying and instructing the employee in the course of his actions. Having defined and
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