VL: TORT COMMITTED BY ANOTHER?

Question 1

General introductory/overview points

Answer 1

• No tort = no vicarious liability
• Run through the claim quickly e.g. establish breach of duty of care causing the damage for a general negligence claim.
• Mostly the tort will be negligence – but an employer can also be held liable for an assault, battery, act of false imprisonment and defamatory statement made by an employee.
• STATE: Claimant can choose who to sue → original defendant or D’s employer. C might prefer to hold employer vicariously liable – likely to be in better position to pay – obliged to have insurance for their employees (Employers’ Liability (Compulsory Insurance) Act 1969).