Vicarious Liability Evaluation Flashcards
Give two general advantages of the law on vicarious liability.
General advantages:
✔ Encourages employers to take a higher degree of control over their employees - efficacious in producing a constructive working atmosphere e.g. Jones v. Tower Boot Co.
✔ Most cases are decided as policy decisions - decision made in the best interest of the public e.g. Various Claimants v. Morrisons
✔ Can be liable for the crimes of employees - Lister v. Hedley Hall - encourages employers to take a more active role in monitoring employees’ activities.
Give 2 ways in which vicarious liability is fair on the claimant.
Fair on the claimant:
✔ One test would not cover the contractual nuances of employment e.g. Mersey Docks v. Coggins.
✔ Employers have ultimate control over employees - Scrutiny when interviewing and are able to dismiss them at any time.
✔ Choose who to sue - maximise indemnification.
Give two ways in which the law on vicarious liability is unfair on the employer.
Unfair on the employer:
❌ Employers only find out about the employees behaviour when the tort has been committed.
❌ Similar cases have been decided differently Rose v. Plenty (milkman and child) and Twine v. Bean express (hitchhiker) - employer in Rose was liable as it was for the benefit of the employer - added confusion - difficulty for lawyers.
Give two general disadvantages of Occupier’s Liability.
General disadvantages:
❌ Too many test - Mersey docks v. Coggins preferred the control test whereas Ready Mixed Concrete favoured the economic reality test - difficult for lawyers to advise clients.
Give a way in which the law of vicarious liability is fair on the employer.
Fair on employer:
✔ ‘Frolic of own’ - avenue to avoid liability - it wouldn’t be fair for the employer to be liable for all actions of an employee.
Give a potential avenue for reform for Vicarious Liability.
Employers should use insurance to allow them to pay compensation in the eventuality if an employee committing a tort.
