Vicarious Liability Evaluation

Question 1

What are the reasons why it is fair to impose vicarious liability on employers and how are they combined?

Answer 1

Paragraph 1:

The employer benefits from the work
The employer is responsible for the work and should ensure it is carried out safely
Is in control of the employee
Acts as a deterrent on poor employment practices

Paragraph 2:

The employer is more easily able to bear any loss than the employee
The employer is best placed to be insured
The employer can pass on costs as appropriate

Question 2

What is the act that allowed employers to pass on costs to the employee as appropriate?

Answer 2

Civil Liability (Contribution) Act 1978

Question 3

What are the reasons why it isn’t fair to impose vicarious liability on employers and how are they combined?

Answer 3

It is in contradiction of the basic fault principle = Unfair if they are not at fault to a certain extent but get blamed anyway and are liable
The employer may still be fixed with liability even though he has expressly prohibited the unsafe practice - Limpus vs London General Omnibus Co. + Rose vs Plenty - Judge said that the employer should’ve enforced the ban in both cases
Rule may operate inconsistently so it doesn’t appear good to the public - Rose vs Plenty/Twine vs Beans Express - Similar cases but different outcomes
Employer may be liable for mere carelessness on the employee’s part - Century Insurance

Question 4

What are the reforms for a vicarious liability essay?

Answer 4

Abolish it - Not right as people are left unable to sue and gain 0 compensation so injustice and goes against loss distribution meaning it wouldn’t happen
Extend Liability - Sometimes to independent contractors, allows more people to sue but may open the floodgates - Barclays Bank vs Various Claimants - Doctor dead at the time of case and they got no compensation which is an injustice. This would cause too great a burden on the employer, it would open the floodgates meaning it wouldn’t happen