VoyForums
[ Show ]
Support VoyForums
[ Shrink ]
VoyForums Announcement: Programming and providing support for this service has been a labor of love since 1997. We are one of the few services online who values our users' privacy, and have never sold your information. We have even fought hard to defend your privacy in legal cases; however, we've done it with almost no financial support -- paying out of pocket to continue providing the service. Due to the issues imposed on us by advertisers, we also stopped hosting most ads on the forums many years ago. We hope you appreciate our efforts.

Show your support by donating any amount. (Note: We are still technically a for-profit company, so your contribution is not tax-deductible.) PayPal Acct: Feedback:

Donate to VoyForums (PayPal):

[ Login ] [ Contact Forum Admin ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1, 2, 3, [4] ]

[ Next Thread | Previous Thread | Next Message | Previous Message ]

Date Posted: 10:18:44 01/12/03 Sun
Author: 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk
Subject: 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk
In reply to: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk 's message, "淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk" on 17:25:57 12/29/02 Sun

Question2
(a)Vicarious liability is strict liabilty for the tort of the employee within the scope of employment. Liability arises when there is a breach of a (*non-deregable)-(Lecturer say not need)'duty of care'. There is no need fault to be commited by the employer himself in order for vicarious liability to be setablished. As long as the employee is doing an authorised act but with an unauthorised manner, vicarious liability may exist. As illustrated in the case Bartonshill Coal Co v McGuire (1858), the act of an employee is acting as if he is on behalf on the employer. The employee perform his duty according to his employer's order and all action is being regarded as his employer's own act. The employer and employee is joint tortfeasors due to the following facts:
(a)the employee is in controlled by the employer.
(b)the employer is at a better position to meet judgement(has funds and insurance)
(c)to increase the standard of the employers.
Thus, as long as the employee carried out an (*unauthorised)-(Lecturer said:authorised) act during or within his scope of employment, the employer commits vicarious liability. This is because, the employer is considered to be in fault as he has negligently hired an employee who is incompetent to carry out the respective duty.

In this case, the emplyee smoked even though he was forbidden to do so while working on a construction project. His negligent act while he lit up a cigarette and carelessly threw away a match has caused fire to the adjoining building. This situation has similarity with the case of Century Insurance Co v NI Road Transport Board(1942). In that case, an employee who was a driver of a petrol tanker smoke during his working hours. The cigartte caused explosion of the tanker. It was held that the employer of the driver was vicariously liable for the negligent act of his employee. By applying this case into the situation in 2(a), the employer of the construction worker would be held liable. Even though the employer has 'strictly' forbid his employee to smoke , the worker was acting in an unauthorised manner during his course of employment. The employer would be liable for his failure to control of his employee. Another case which can be applied here is Limpus v london General Omnibus Co (1862). In this case, the driver of a bus race with other vechicle during working. A passenger was injured cause by the driver's act. The employer was liable even though the driver was forbidded to race as he was on duty when he raced with the vehicles.

(b)Where Bloggs Builders Ltd hired a crane and driver from another company. In order

[ Next Thread | Previous Thread | Next Message | Previous Message ]
[ Contact Forum Admin ]

Forum timezone: GMT-8
VF Version: 3.00b, ConfDB:
Before posting please read our privacy policy.
VoyForums(tm) is a Free Service from Voyager Info-Systems.
Copyright © 1998-2019 Voyager Info-Systems. All Rights Reserved.