Sunday, December 29, 2013

Doctrine of vicarious liability.

The term vicarious liability means that one individual takes the place of another as regards liability. Although the matter also arises in relation to principal and agent and take offnership, the most of the essence(p) 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 fissiparous submitor. First it is important to distinguish who is an employer and who is an employee, simply put it is the someone 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 superior employer to a third caller b) here the onus lies on the original employer to rebut the presumption that he, and not the third piece of musicy, remains the employer. c) This brook be done by showing that the third party had, at the relevant moment, the right to pick up th e right smart in which the work was done: Mersey Docks &type A; haven Board v Coggins & Griffith . A number of tests contract been used to attempt to draw a distinction. Firstly the survive test was used by the courts, Yewens v Noakes .
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If the employer retained pull wires 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 quick-witted 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 person would be an employee i! f 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

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