Doctrine of vicarious liability.

The term vicarious liability means that one man-to-man takes the place of another as regards liability. Although the matter also arises in relation to principal and agent and take offnership, the most important and commonest modeling of vicarious liability is that an employer is liable for the torts committed by an employee who is performing in the course of his employment, but not for those of an self-directed poseor. First it is important to distinguish who is an employer and who is an employee, simply put it is the somebody who has the proper to fill and fire who is considered to be the employer. The only difficulties that may arise argon; a) where an employee is loaned out by his veritable employer to a third fellowship b) here the onus lies on the original employer to rebut the presumption that he, and not the third fragmenty, remains the employer. c) This tolerate be done by showing that the third party had, at the relevant moment, the right to pick up the mod ality in which the work was done: Mersey Docks &type A; oblige Board v Coggins & Griffith . A number of tests contract been used to attempt to draw a distinction. Firstly the take test was used by the courts, Yewens v Noakes .

If the employer retained function over the work and told a person how to do it, and so that person was an employee. Problems with this simple test started as employees became more glinting which led to the courts to search for alternatives. One suggestion was the business integration test put forward by Lord Denning, Stevenson, Jordan and Harrison Ltd v McDonald and Evans . A p erson would be an employee if their work was! an integral part of the business. An independent contractor would work for the... If you want to get a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay