Vicarious Liability: Intro Flashcards
What is vicarious liability?
Where a third person has legal responsibility for the unlawful actions of another
Where is vicarious liability commonly seen?
Where the employer is responsible for the actions of an employee who acted in the course of their employment
Who are the parties to a vicarious liability claim?
The tortfeasor
The claimant
The defendant
Who is the tortfeasor?
The person who had committed the tort
Usually the employee
Who is the claimant?
The person who has been affected by the actions of the tortfeasor
Who is the defendant?
The person who is responsible for the actions of the tortfeasor
Usually the employer
What is one advanatge of vicarious liability?
P - Fair that employers are VL since they are best placed to bare any losts where tortfeasor is a man of straw
DP - Public policy seems to underpin this with the legal requirement that all emploees must have employer indemnity insurance
WDP - Encourages and maintains high standards, discourages poor employment practices
What is one disadvantage of vicarious liability?
P - Goes against basic fauly principle that a defendant should be blameworthy to be liable
DP - Seems harsh that employers are responsible, employees may have acted in spite of express prohibition
WDP - Could claim money back through wage deductions
