ELS-Theory of tort law-The nature and purpose of vicarious liability

Question 1

Purpose of vicarious liability.

Answer 1

To ensure the C receives a remedy even if the employee who was negligent would not be able to provide adequate financial damages.

Question 2

Why is the liability of the employer said to strict?

Answer 2

Employer may have played no part in causing the injury, loss or damage- so could be argued to be unfair.

Question 3

1st reason why strict liability can be justified for vicarious liability.

Answer 3

1, Employer may have had, or perhaps should have had, a degree of control over the activities of the employees.
In some cases, employee was following direct instructions (of employer).

Question 4

2nd reason why strict liability can be justified for vicarious liability.

Answer 4

2. Employer can be said to be receiving a benefit from the employee’s work, so it is only fair that they accept the burden of the employee’s actions

Question 5

3rd reason why strict liability can be justified for vicarious liability.

Answer 5

3. Employers are responsible for the initial hiring and, subsequent, firing or disciplining their staff.
   They should be using this to minimise the chances of negligence occurring.

Question 6

4th reason why strict liability can be justified for vicarious liability.

Answer 6

4. Employer is responsible for making sure that all their employees are trained so that work is done safely and that safe procedures are followed.

Question 7

What are arguments against vicarious liability overwhelmed by?

Answer 7

Reasons for the existence of the liability

Question 8

Why is vicarious liability accepted?

Answer 8

Seems a natural thing that will occur to an employer especially since its consequences can be covered by public liability insurance cover.