Business Law

With reference to decided suit of clothess, discuss the conditions under which an employer may be liable(predicate) for the wrongful act of an employee. Problems arise if someone suffers as the result of an employees wrongful act which was non let by the employer. It is not always obvious in such a situation whether an employer should cede indebtedness. There is of course no legitimate problem if the wrongful act done by an employee was classic by the employer. In that case the employer is more often than not fully liable (and the employee may also be liable) to the injured party, this is called vicarious liability. vicarious liability in English law is a teaching of English tort law that bring downs strict liability on employers for the wrongdoings of their employees for policy reasons, and to ensure that victims have a direction of recovery. Generally, an employer go forth be held liable for any tort committed epoch an employee is conducting their duties. This liab ility has expanded in late(a) years side by side(p) the decision in lister plow v Hesley Hall Ltd to wear cover intentional torts, such as sexual intrusion and deceit.

Historically, it was held that most intentional wrongdoings were not in the course of ordinary utilization, but recent case law suggests that where an action is slightly connected with an employees duties, an employer can be found vicariously liable. To sustain vicarious liability, the courts must begin first that there exists a relationship of employee and employer. The torts of independent contractors generally do not impose vicarious liabi lity on employers; however, Honeywill and St! ein Ltd v Larkin Brothers Ltd demonstrates this principle does not apply where curiously hazardous activities are assure for, or a non-delegable obligation is owed. Secondly, the tort must have been committed in the course of employment; or while an employee is going about the business of their employer. A preferred test of the courts for connecting torts to the course of employment was formulated by...If you want to crush a full essay, decree it on our website: BestEssayCheap.com

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