LAWG 101D1 Lecture Notes - Lecture 13: Strict Liability, The Employer
23 Jan 2018
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Liability for injury caused by the acts of others: vicarious liability. In both traditions, there"s been a history of holding masters responsible for their servants: article 1463 c. c. q. In common law, vicarious liability is not a separate tort. The employee has to have done some that falls within a tort (ie: negligence), and the employer answers from their tort. If you couldn"t bring a claim against the employee, you also cannot bring a claim against the employer: this includes when the action was intentional, accidents do not trigger vicarious liability. It has to be the right kind of relationship between the principle and the subordinate: sometimes you don"t have an employment contract, you may be a volunteer. Though she used the work to form the relationship with the woman, she went so far away from her duties that there is no link between the action to the job.
