Evaluation of Vicarious liability

Question 1

Gives victims a just and practical remedy:

Answer 1

• Claimant is more likely to receive compensation as the employer is likely to have the financial means to pay the award over the employee.
• Employer is also likely to have insurance to cover these claims.

Question 2

Contradicts the concept of fault based liability:

Answer 2

• Employer may have taken great care when selecting employee, and training them and supervising them but will still be liable for their acts/omissions.
• Seems unfair that employers should be responsible for others acts/omissions.

Question 3

Inconsistencies/unfair decisions with road traffic accidents:

Answer 3

• Have been inconsistent when deciding whether or not they were acting in the course of their employment.
• If they’re acting on a ‘frolic of their own’ the victim will be unsuccessful in proving vicarious liability.
• Unfair in case of Hilton V Thomas Burton as suffered loss when her husband died but could not receive compensation as he was acting on a ‘frolic of his own’.

Question 4

When employee commits a crime, they’re more prepared to hold employer liable:

Answer 4

• Concept of close connection created to allow claims such as the one in Mattis V Pollock.
• Its obviously fair that the victim should receive compensation and it would be unlikely that they would receive this from the employee, especially if they are serving a prison sentence.

Question 5

Encourages employers to take greater care during employment process:

Answer 5

• Should take a greater level of care when employing and providing suitable training and supervision in the work place.
• Shows that employers have a social responsibility for an employee position and should see this as an underlying cost.
• Modern methods E.G work from home means employers can’t always supervise, may be unfair for them to accept liability.

Question 6

Employer can use Civil Liability act 1978 to recover compensation:

Answer 6

• Act allows employers to recover from employees any compensation paid out.
• However, its unlikely this would be effective in practice as its unlikely they would be earning enough to make it worth the employer pursuing them.
• If employee quits/serves prison sentence they will be unable to recover the money.