VICARIOUS LIABILITY KEY PARTIES AND REQUIREMENTS

Who are the key parties

A tortfeasor and a defendant

What is a tortfeasor

An employee who committed the tort

What is a claimant

The injured party

What is a defendant

The person liable, usually the employer

What are the requirements for the courts to show

The relationship existing that makes it fair to impose vicarious liability

The connection between that relationship and the wrongdoing

What is an example of the relationship existing that makes it fair to impose vicarious liability

Employment

What is a case that shows connection between the relationship and the wrongdoing

Barclays bank plc v various claimants

What do courts first check when the tort occurs

They check that a tort has been committed, then determine if the tortfeasor is an employee

What is a summary of vicarious liability

When one persin, usually an employer, is held liable for a tort committed by another, usually an employee

What does vicarious liability allow the claimant to do

It allows the claimant to sue both the employee and the employer - often the employer is insured/in a better financial position, ensuring the claimant gets compensation even if the employee can’t pay

What is the justification for vicarious liability

Employers recruit, train, supervise and benefit from the employees work

What is a criticism of vicarious liability

It can seem unfair to hold employers liable for acts of others especially those they don’t directly supervise