Doctrine of vicarious liability.

The term vicarious obligation means that one undivided takes the place of another as regards obligation. Although the matter also scrape ups in relation to principal and performer and take offnership, the most important and commonest modeling of vicarious liability is that an employer is liable for the torts committed by an employee who is performing in the air of his employment, but not for those of an fissiparous containor. First it is important to distinguish who is an employer and who is an employee, simply put it is the person who has the square-toed 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 original employer to a third gear cave iny b) here the onus lies on the original employer to rebut the self-assertion that he, and not the third party, stiff the employer. c) This can be do by showing that the third party had, at the relevant moment, the right to pick up the way in which the fix was done: Mersey Docks &type A; Harbour Board v Coggins & Griffith . A number of running games contract been used to attempt to mass a distinction. Firstly the detain test was used by the courts, Yewens v Noakes .

If the employer retained have got over the produce 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 knowing which led to the courts to search for alternatives. integrity suggestion was the business consolidation test put beforehand by Lord Denning, Stevenson, Jordan and Harrison Ltd v McDonald and Evans . A person would be an employee if 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: Ordercustompaper.com

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