Showing posts from February, 2022

A discussion on the potential liability imposed by the doctrine of vicarious liability on employers under tort law.

This essay will argue that, as a compromise position, making the employer vicariously liability for the tort of the employee is justifiable in some circumstances; however, it will be shown that the current approach of the courts in imposing such liability is doctrinally flawed. For this reason it will be argued that the vicarious liability should be placed on a statutory footing. This essay will first consider the liability of the employer when it is the primary tortfeasor, secondly it will consider the test applied by the court when it imposes vicarious liability and finally it will consider possible reform.  The liability of the employer when it is the primary tortfeasor This essay will not consider in detail the burden placed on employers when the employer is the primary tortfeasor. 1 This is because in such circumstances the ordinary common law principles of negligence apply – in particular the requirement that any breach of duty by the employer has a causal link to the harm