BU231 Lecture Notes - Lecture 8: Vicarious Liability, The Employer
Document Summary
Social policy: the basis of liability, whether fault or strict liability, is a question of policy. Policies change with social standards which consequently force the law to adapt in many ways: the most radical proposals (from the left) would eliminate lawsuits for all personal injuries and compensate victims through a government scheme. No fault insurance" which makes insurance compulsory and eliminates fault as a basis for claims. Worker"s compensation where industrial accidents are seen as inevitable and employers must contribute to a fund. Prevents legally harmful demands from being placed upon employees. Employees generally have limited assets available to pay compensations. Based upon fairness, the person who makes the profit should also be liable for the loss. By far, negligence is the most common basis for legal actions in court. Concept is quite simple, negligence involves anyone who carelessly cause injury to another should compensate the victim for that injury.
