Intro

Question 1

Vicarious Liability

Answer 1

Where a third person has legal responsibility for unlawful actions of another.

Question 2

The parties to VL claim are :

Answer 2

Tortfeasor: Person who has committed the tort.(usually an employee)
Claimant: Person who has been affected by the action of TF.
Defendant: Person who is responsible for the action of the tortfeasor.(usually an employee)

Question 3

One Positive of VL

Answer 3

P- best placed to bear any losses where tortfeasor is man of straw
DP - Public policy seem to underpin this with the legal requirements must have employer indemnity insurance
WDP - Maintain high standards

Question 4

Negative about VL

Answer 4

P- Against the basic fault principle in tort law. D should be blameworthy.
DP - Harsh to hold employers responsible where employees have acted in spite of an express prohibition of harmful practices.
WDP - Affects the reputation of employer / defendant.