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Vicarious liability, course of employment, close connection Lister v Hesley Hall Ltd [2001] UKHL 22 is an English tort law case, creating a new precedent for finding where an employer is vicariously liable for the torts of their employees.
Vicarious liability is a separate theory of liability, which provides that an employer is liable for the torts of an employee under an agency theory, even if the employer did nothing wrong. The principle is that the acts of an agent of the company are assumed, by law, to be the acts of the company itself, provided the tortfeasor was acting ...
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties. [ 1 ]
The action against the employee would be based on his conduct. The action against the employer is based on the theory of vicarious liability in which a party can be held liable for the acts of a different party. The employer–employee relationship is the most common area respondeat superior is applied, but the doctrine is also used in the ...
The contemporary rationale of employers' vicarious liability is as applicable to this new wrong as it is to common law torts. 28. Take a case where an employee, in the course of his employment, harasses a non-employee, such as a customer of the employer. In such a case the employer would be liable if his employee had assaulted the customer.
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or higher) authority over the employee, subject to an affirmative defense when no tangible employment action is taken. Court membership; Chief Justice William Rehnquist Associate Justices
Frolic and detour in the law of torts occur when an employee (or agent) makes a physical departure from the service of his employer (or principal).A detour occurs when an employee or agent makes a minor departure from his employer's charge whereas a frolic is a major departure when the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying ...