Rationale for vicarious liability

Question

The doctrine of vicarious liability is said to be founded on three major reasons namely;
Publicpolicy based on economic reasons, control to achieve accident prevention and safety and loss
distribution.96
5.4 Facts required to prove Vicarious Liability
To prove the liability of an employer under the doctrine requires three facts to be established.
These are explained below:
5.4.1 A tort was committed
It must be shown that a tort was committed against a third party and that the third party suffered
injury or loss as a result. The common law requirements for proving commission of a tort are
implicit in this requirement.97
37
5.4.2 That an employee committed the tort
It must be shown that the person who committed the tort is an employee. That is, one working
under a contract of service. In this case an employer will not be vicariously liable for the torts of
an independent contractor. The rules for determining the status of the individual in an
employment relationship discussed in the second part of the module apply.98
explain in detail and but in simpler terms

Answer 1

Vicarious liability is a legal principle that holds one party (usually an employer) responsible for the wrongful actions of another party (usually an employee) when those actions occur in the course of their employment. This doctrine is based on several rationales and requires certain elements to be established in court. Let's break it down in simpler terms:

Why Vicarious Liability Exists

1. Public Policy and Economic Reasons:

   • The law wants to ensure that victims of wrongdoing can obtain compensation for their losses. Employers typically have more resources than individual employees, so it makes sense to hold them accountable. This way, victims can more easily recover damages.

2. Control for Safety and Accident Prevention:

   • Employers are in a position to control the behavior of their employees. By holding employers responsible for their employees' actions, the law encourages employers to implement better training and safety protocols. This can help prevent accidents and improve workplace safety.

3. Loss Distribution:

   • The costs associated with accidents or injuries can be spread out more fairly. Since businesses can often absorb the costs of liability better than individuals, vicarious liability helps distribute the financial burden of accidents more evenly across society.

What Needs to Be Proven for Vicarious Liability?

To hold an employer liable under this doctrine, a few key facts must be established:

1. A Tort Was Committed:

   • A tort is a wrongful act that causes harm to another person. To establish vicarious liability, you must first prove that a wrongdoing occurred that resulted in injury or loss to a third party. This could be anything from negligence to assault.

2. The Tort Was Committed by an Employee:

   • It's important to show that the person who committed the tort was an employee of the company and not an independent contractor. Employees work under a contract (often referred to as a contract of service), and their actions can be attributed to the employer. In contrast, independent contractors operate under a different arrangement and typically do not make the employer liable for their actions.

3. The Tort Occurred During the Course of Employment:

   • It must also be demonstrated that the wrongful act took place while the employee was carrying out their job duties. If an employee commits a tort outside of work, the employer may not be held liable.

Summarizing the Process

In summary, if someone wants to hold an employer liable for an employee's actions, they must show:

• A wrongful act occurred that harmed someone.
• The person who did the wrong was an employee, not an independent worker.
• The wrongful act happened while the employee was doing their job.

By following these guidelines, the principle of vicarious liability aims to ensure fairness and accountability in the workplace.