Chapter 9 Key facts checklists

Employers' liability and vicarious liability

●    Employers’ liability has both a common law and a statutory aspect.

●    Employers’ liability is concerned with the employer’s personal duty in respect of the physical safety of his employees.

●    Vicarious liability involves the employer being liable to a third party for the tort of his employee.

●    There are three conditions which must be satisfied in vicarious liability: a relationship of employment between the tortfeasor and the defendant, the commission of a tort, and that it occur in the course of employment.

●    Vicarious liability is not dependent on any fault of the employer and may be imposed even in the case of an express prohibition or a criminal act.

●    Vicarious liability does not remove the employee’s personal liability and it is possible, but unusual, for the employee to be called upon to indemnify his employer.