· Vicarious Liability Essay A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee, not for an independent Vicarious liability can only be imposed with a standard of proof, ‘the balance of probabilities’, based on a multi-factor test rule, which includes the usual tests of negligence by the tortfeasor’s conduct, with a dispute process based on proving a ‘balance of probabilities’. To understand vicarious liability it is important to first outline the legal responsibility of an employer Vicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself. It is therefore a form of strict liability (in that the defendant is not at fault). The most common form of vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment
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Vicarious liability is a class of liabilities that deals with transfer of liability from one party to another. This paper starts by an introduction of the doctrine of vicarious liability and proceeds to analyse the different ethical and legal issues surrounding the application of this doctrine.
The paper also highlights the applicability of vicarious liability in the contemporary times. Vicarious liability operates under the doctrine of respondent superior, which puts legal responsibility to a superior for illegal behaviour or acts of the subordinates.
Third parties are thus supposed to be ethical in their duties to avoid transfer of liability. In the same way, vicarious liability puts legal responsibilities on third parties with the duty, responsibility, or right to monitor and direct their juniors who act illegally or commit a crime. All these liabilities have ethical issues to be considered during application.
In various circumstances, it may be legal, vicarious liability essay, but unethical to apply a particular vicarious liability.
As aforementioned, vicarious liability operates under the doctrine of respondent superior and this doctrine puts legal responsibility to a vicarious liability essay for illegal behaviour or acts of subordinates, vicarious liability essay. In essence, vicarious liability involves transfer of liability from one party to another. However, various ethical and legal justifications surround the application of vicarious liability laws.
Ethical doctrines guide the society in judging between what is right and what is wrong. The questions raised here include questions on whether in the application of vicarious liability to employer due to liabilities caused by employees is ethical and whether the application of vicarious corporation torts is ethical when an employee involves himself or herself in deals that cause the company certain amount of vicarious liability essay. Others include whether it is ethical in the application of employee continued liability and indemnification when the owner of a learning institution is made liable to a liability caused by an independent contractor and the question of whether it is ethical to make parents liable for the liabilities caused by their truant children.
This paper seeks to discuss ethical issues in vicarious liability and its appropriateness in the modern world through exemplification. In this doctrine, the employer is held responsible whenever his or her employees commit an act of omission or negligence in their line of duty, vicarious liability essay. Therefore, it is questionable whether it is ethical to hold the employer liable for liabilities caused by his or her employees. Giliker argues that under the respondent superior doctrine, as long as the employee was acting under the scope of his or her duties, the employer is held responsible for his or her negligence in the course of duty.
Ethical considerations in such a case ask the question whether the employee was personally licensed to carry out the duty, whether he or she was trained on how to perform the task, whether he or she acted on negligence, and whether he or she followed the guidelines of performing the task. Vicarious liability essay, it is unethical to hold the employer vicariously liable to liabilities caused by employees that are negligent in following the guidelines in their line of duty.
It is also unethical to make the employer liable for omissions caused by an employee trained and licensed to carry out a particular duty; for example, a doctor in a private hospital who injects a patient with the wrong medicine should be held liable for the consequence since he or she is licensed to treat patients.
Franklin observes that out of the difficulties in distinguishing whether the employee got into the liability while working for his or her own interest or for the interest of the employer, the court must separate detour from frolic. In vicarious liability, detour occurs when an employee is carrying out the duties as directed by his or her employer or terms of employment. On the other hand, frolic vicarious liability occurs when an employee gets into a liability as he or she acts on his or her own light and interests.
Such an employee should be held ethically liable for his or her actions. Conn argues that in case of a liability being committed by an independent contractor, the employer is not held responsible by law, vicarious liability essay. Conn argues that vicarious liability transfers all liability to the independent contractor immediately he or she signs a contract.
The contractor is thus liable for tortuous acts. However, ethics should guide the injured party to hold the contractor liable and not the proprietor if the contractor is licensed vicarious liability essay do his or her work.
This view can be considered as ethical in the modern society where employers hide under the guise of employees. In most cases, vicarious liability essay, employees are given instructions to vicarious liability essay out activities whose implications they do not know.
For instance, a security guard who is instructed to lock out a particular person from accessing vicarious liability essay premise without information about the legality of ownership by his or her employer may bar the legal owner of the same premise and be sued for obstruction and even trespass, which is unethical.
Giliker argues that both criminal and tort laws hold liable an employer who uses another person to commit a liability. Vicarious liability essay scenario can only be ethical especially when a person loans a car to do a particular activity for the owner of the car. The principal owner cannot be ethically liable even if the driver were his employee.
In fact, with the modern day car leasing business taking root, this vicarious liability has been scraped out since it is considered unethical today. It is ethically wrong to hold the lender vicariously responsible by law for destruction of property and breach of peace during the process of repossession, vicarious liability essay.
It is also unethical for a borrower who fails to repay his or her loan or to clear instalments to be justified under vicarious liability. The lender is ethically right to repossess his or her property and not to suffer loss. Ethical issues have also been raised on application of vicarious liability of corporations in tort especially since companies cannot act on their own.
Employees of a particular company vicarious liability essay thus commit destruction and make the company liable under the law of tort. The question is whether intentional actions by employees that result in liability are ethical or not. Companies act through employees and it is ethical vicarious liability essay hold employees liable for their actions in the modern day business world.
Ethics and state of vicarious liability essay of senior officers should also be right in order to avoid unnecessary liabilities. In fact, regardless of whether the other officials of the company know about it or not, the liability lies on the company; for example, the case of Meridian Global Funds Management Asia Limited v.
Securities Commission of 2 AC, In this case, vicarious liability essay, some senior officers of Meridian Global Funds Management Asia Limited used company funds to buy some shares. It was ruled that through the capacity of these officials acting in a good state of mind, the company knew about the venture.
The same holds for employees who get into vicarious liability essay liability while acting on behalf of their employer for example in the legal case of Armagas Limited v. Mundogas S. A 1 AC Brodie continues to affirm that the authority bestowed upon employees gives them the responsibility to act on behalf of the company, vicarious liability essay. In this vicarious liability, both the employer and the employee are liable for any harm that they cause in the course of their duty.
Under the respondent superior, the employer is liable for the harm caused by his or her employees in the course of their duties. The ethical question raised here is on the circumstances when the employer can be held ethically responsible. Giliker argues that regardless of the actor acting on behalf of the employer, he or she is also ethically answerable to the law of tort. However, the idea of indemnification happens in cases where either of the parties is sued. In such cases, ethical considerations are seen to have taken place.
However, Anselmi further affirms that ethical indemnification can only be done at free will, vicarious liability essay, but not through forceful means, as it happened in the case of Lister v. Romford Ice Cold. Parents have an ethical responsibility towards their children and they are thus regulated under the vicarious liability in cases of tort of their children.
The damage caused by children is transferable to the parents or guardians in vicarious liability, vicarious liability essay. It is unethical for parents to neglect their role in parenting, hence damage caused by their children are vicarious to them.
Ethically negligent parents in regard to their children; for example, one who fails to supervise or keep dangerous explosives or guns away from children, is vicariously liable to all damage that the children commit.
This aspect is ethical since the transfer of liability that is committed by children is clearly spelt out under the vicarious liability on parental liability.
Vicarious parental liability is applicable in the modern world especially with the increased child negligence and child crimes. However, it vicarious liability essay unethical to hold a parent responsible for a crime committed by a child in the absence of the parent, for example at school.
Various ethical and legal doctrines of vicarious liability are applicable in the modern world; for example, vicarious parental liability is applicable in modern world especially with the increased child negligence and child crimes. However, it is unethical to hold a parent responsible for a crime committed by a child in the absence of the parent like at school.
Various ethical issues have been raised in the application of vicarious liability. Transfer of liability from one party to the other can be ethical or unethical in different liabilities in the modern society.
Anselmi, K. MEDSURG Nursing, 21 1 Brodie, D. Enterprise liability: justifying vicarious liability. Oxford Journal of Legal Studies, 27 3 Conn, D. When contract should pre-empt tort remedies: limits on vicarious liability for acts of independent contractors.
Franklin, R. FDCC Quarterly, 58 4 Giliker, P. Vicarious liability or liability for the acts of others in tort: a comparative perspective. Journal of European Tort Law, 2 1 Need a custom Research Paper sample written from scratch by professional specifically for you? certified writers online. Select a website referencing style:. Vicarious Liability. We use cookies to give you the best experience possible, vicarious liability essay. If you continue, vicarious liability essay, we will assume that you agree to our Cookies Policy.
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Vicarious Liability for Torts of an Agent
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blogger.com ️ Vicarious Liability, Essay Example from students accepted to Harvard, Stanford, and other elite schools · Vicarious Liability Essay A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee, not for an independent Essay On Vicarious Liability. Words 6 Pages. Show More. Vicarious liability can be defined as holding an accused criminally liable for the unlawful conduct committed by another. It is associated with special relationships, for example the employer-employee relationship whereby the employer is held liable for a delict committed by their employee acting within the scope of his or her
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