Vicarious Liability

Question 1

Should an employer be liable for there employees?

Answer 1

Yes as they benefit from their work

Question 2

Should the employer have to make sure work is carried out safely?

Answer 2

Yes responsible for work

Question 3

Why is making business liable under OLA 84 good?

Answer 3

Can bear the loss more than “man of straw”
Are insured

Question 4

How does employer indemnity make VL fair?

Answer 4

As they can pass costs on when appropriate

Question 5

Does VL contradict basic fault principles with employers?

Answer 5

Yes unfair employer

Question 6

Is an employer liable even if they have banned the activity, is it fair?

Answer 6

Yes unfair

Question 7

Does VL always act consistently?

Answer 7

No unfair employer

Question 8

How is VL unfair on the employer?

Answer 8

Tort often takes place before employer made aware

Question 9

Is liability for independent contractors always fair?

Answer 9

No e.g Barclays

Question 10

What are the reforms for VL (2)?

Answer 10

Abolish (wouldn’t be fair on the claimant)
Independent contractors (unfair that can’t claim as almost employee however opens floodgates)