Business Law

With reference to decided crusades, discuss the conditions under which an employer may be presumable for the wrongful act of an employee. Problems arise if someone suffers as the result of an employees wrongful act which was not let by the employer. It is not always obvious in such(prenominal) a situation whether an employer should cede liability. There is of course no rule-governed problem if the wrongful act done by an employee was current by the employer. In that case the employer is largely fully liable (and the employee may also be liable) to the injured party, this is called secondary liability. vicarious liability in English law is a tenet 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 delegacy of recovery. Generally, an employer go forth be held liable for any tort committed epoch an employee is conducting their duties. This liability has expanded in modern 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 insure first that there exists a relationship of employee and employer. The torts of independent contractors generally do not impose vicarious liability on employers; however, Hone ywill and Stein Ltd v Larkin Brothers Ltd de! monstrates this principle does not apply where particularly hazardous activities are assure for, or a non-delegable province 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 favourite(a) test of the courts for connecting torts to the course of employment was formulated by...If you want to choke a full essay, decree it on our website: BestEssayCheap.com

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