Vicarious Liability

Question 1

What is VL

Answer 1

relates to the liability owed by one for the torts of another
- often seen in employee - employer situations

Question 2

Evaluation 1 - Fair on victim

Answer 2

• more likely to access compensation from big companies
• they have access to insurance pay outs (deep pockets)
  Lester v Hesley hall, even when it comes to multiple claimants
• Companies don’t take a higher rank than normal people

Question 3

Evaluation 2 - ‘course of employement’

Answer 3

• Too wide
• still liable even if employee drops all common sense (Century Insurance)
• However, Storey v Ashton and Iqbal v London transport (frolic of his own+unathorised act) - not liable
• Fair balance of people but companies find it to be burdening on employers

Question 4

Evaluation Point 3 - closeness of connection

Answer 4

• Fair
• employers have a responsibility to train and upskill their employees in or to do their work without committing crimes
• fair to hold responsible when so closely connected
• Bare minimum
• Catholic child welfare should of been DBS check

Question 5

Key cases

Answer 5

Lester v Halsey Hall
Century insurance
Iqbal v London transport
Storey v Ashton
Catholic child welfare