vicarious liability Flashcards
1
Q
vicarious liability definition
A
a third person has a legal responsibility for the unlawful actions of another
2
Q
what is vicarious liability
A
- where blame is passed onto employer
- based off idea that employer has control over his/her employees at work
3
Q
arguments for why Employers should be liable under vicarious liability:
A
- can supervise employees,
- are in a better position to provide compensation to victims.
4
Q
arguments for why Employers should not be liable under vicarious liability:
A
- opens floodgates for all blameworthy actions to be the fault of the employer
- employees have free will to act dangerously
5
Q
What are the two main tests required to prove vicarious liability?
A
- testing employment status - was person an employee?
- is tortfeasors conduct sufficiently closely
connected to employment?
6
Q
Is an employer responsible for actions of an independent contractor?
A
no, employers are not responsible for actions of independent contractors (someone who is not an employee)
7
Q
why does vicarious liability exist (AO3)
A
because employer is more likely to be able to pay compensation
8
Q
what is an independent contractor
A
Not an employee. Someone
who provides services for another but is not employed by them.
