Doctrine of vicarious liability.

The term vicarious liability means that one exclusive takes the place of another as regards liability. Although the matter also arises in relation to principal and agent and take offnership, the most polar 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 free-lance hackor. First it is important to distinguish who is an employer and who is an employee, simply put it is the soulfulness 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 sure employer to a third voicey b) here the onus lies on the original employer to rebut the presumption that he, and not the third party, remains the employer. c) This sess be done by showing that the third party had, at the relevant moment, the right to pick up the guidance in which the wo rk was done: Mersey Docks &type A; take for Board v Coggins & Griffith . A number of tests contract been used to attempt to draw a distinction. Firstly the live test was used by the courts, Yewens v Noakes .

If the employer retained go 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 talented which led to the courts to search for alternatives. One suggestion was the business desegregation test put forward by Lord Denning, Stevenson, Jordan and Harrison Ltd v McDonald and Evans . A person would be an employee if t heir work was an integral part of the busine! ss. An independent contractor would work for the... If you want to get a full essay, order it on our website: OrderCustomPaper.com

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