Vicarious LiabilityPosted in : Supplementary Articles ROI on 22 January 2013
Louise Harrison writes:
The doctrine of vicarious liability is long-established. It holds that where a person commits a wrong in the course of his employment, not only is he himself directly liable, but his employer may also be held accountable – ‘vicariously liable’ - for the employee’s act or omission. This is the case even where the employer is without fault. The policy reasons underpinning the doctrine have been stated by UK and Irish courts over many years and can be summarised, broadly, as follows:
* An employer is in control of his employee’s actions and/or creates the ‘enterprise risk’ of wrongful acts/omissions;
* The employee would not have been in a position to commit the wrong
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This article is correct at 06/08/2015
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