Business Law

With reference to decided themes, discuss the conditions under which an employer may be nonresistant 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(prenominal) a situation whether an employer should cede indebtedness. There is of course no lawful problem if the wrongful act done by an employee was original by the employer. In that case the employer is broadly speaking 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 instruction of English civil wrong law that bring downs strict liability on employers for the wrongdoings of their employees for policy reasons, and to ensure that victims have a performer of recovery. Generally, an employer go forth be held liable for any tort committed epoch an employee is conducting their duties. This li ability has expanded in fresh years side by side(p) the decision in middle buster 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 bewilder first that there exists a relationship of employee and employer. The torts of independent contractors generally do not impose vicarious liabilit y on employers; however, Honeywill and Stein! Ltd v Larkin Brothers Ltd demonstrates this principle does not apply where peculiarly hazardous activities are assure for, or a non-delegable traffic 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 prefer test of the courts for connecting torts to the course of employment was formulated by...If you want to fasten a full essay, decree it on our website: OrderCustomPaper.com

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