Vicarious liability

19 October 2022

vicarious liability of one of the key topics in the law of tort. It is a type of secondary liability in which an employer can be held liable for an employee’s actions. When a vicarious relationship exists, a defendant is strictly liable for the torts of another and is responsible for compensating the claimant. If you are looking for someone to assist you in this topic or any other topics in the law of tort, then contact your highly skilled law tutor.
There are three steps to establish vicarious liability. Get help from your experienced law tutor who will teach you these three steps in more detail.

1. The tort must be committed – there must be a breach of a duty causing the damage. For there to be a vicarious claim against the employer of the original defendant, a tort must have been committed. The claimant can choose who to sue, i.e., the original defendant or his employer.
2. There must be an employment relationship (or a relationship akin to one) – the defendant must be an employee and not just a contractor. The court would apply the ‘economic reality test’ if it is not apparent that the original defendant is an employee.
3. The tort must be committed in the course of employment – An employer is not liable for every conduct committed by one of their employees. For example, it would be outrageous to hold an employer accountable for a car accident caused by an employee on his or her day off.

In order to develop your knowledge on vicarious liability or in any other area of contract law, get in touch with your qualified law tutor today.