Vicarious Liability Evaluation

Question 1

Front – P):
VL is unfair because it goes against the principle of fault.

Answer 1

Dev/I/E/H):
Dev: Employers can be blamed even if they did nothing wrong.
Impact: This feels unfair as the employee caused the harm.
Example: Limpus v London – driver disobeyed orders but employer still liable.
However: Employers can afford to pay and victims get justice.

Question 2

Front – P):
VL is fair because employers have insurance.

Answer 2

Dev/I/E/H):
Dev: Insurance covers claims and spreads the cost.
Impact: It’s fairer for victims to be compensated quickly.
Example: Covered under the Civil Liabilities (Contribution) Act 1978.
However: Higher insurance premiums can punish employers even when they try to prevent wrongdoing.

Question 3

Front – P):
VL is inconsistent because judges decide differently.

Answer 3

Dev/I/E/H):
Dev: Similar cases can have different outcomes.
Impact: Makes the law confusing and unfair.
Example: Limpus v London vs Beard v London.
However: It gives judges flexibility to be fair in tough cases.

Question 4

Front – P):
VL is unfair when employees commit crimes.

Answer 4

Dev/I/E/H):
Dev: Employers are blamed even when crimes are personal.
Impact: This takes away blame from the criminal employee.
Example: Mohamud v Morrisons – assault still employer’s fault.
However: Courts check if the crime was linked to the job (Lister).

Question 5

Front – P):
VL is unfair as employers can’t stop it happening in time.

Answer 5

Dev/I/E/H):
Dev: They only find out after the tort is done.
Impact: They get blamed for things they couldn’t prevent.
Example: Mattis v Pollock – attack happened outside work.
However: It pushes employers to train and supervise better.

Question 6

Intro to vicarious liability

Answer 6

Vicarious liability (VL) holds employers liable for torts committed by employees during their job. While it ensures claimants get compensation, many argue it’s unfair and inconsistent, especially when employers are blamed without personal fault.

Question 7

Conclusion for vicarious liability

Answer 7

VL is helpful for victims, but it challenges the fault principle. It can be unfair when employers are blamed despite precautions. However, insurance and compensation access make it a useful part of tort law when applied fairly.