Concept of Vicarious Liability and The Doctrine of Common Employment
1. Concept of Vicarious Liability
What is Vicarious Liability?
Vicarious liability is a legal principle where one person is held responsible for the actions or omissions of another, even though the first person did not directly commit the wrongful act.
It usually arises in relationships where one party has a certain control or responsibility over another — for example, an employer over an employee.
Explanation
The core idea is that the employer (or principal) can be held liable for wrongful acts committed by their employee (or agent) during the course of employment.
This liability does not depend on whether the employer was personally negligent or at fault.
The key question is whether the wrongful act was committed in the course of employment.
Key Case: Lister v Hesley Hall Ltd
In this case, the employer was held liable for wrongful acts (sexual abuse) committed by an employee.
The court held that if the wrongful acts are closely connected to the employee’s duties, the employer may be vicariously liable.
Important Points:
The act must be done during the course of employment.
The act must be related to the employee’s duties (even if improper or unauthorized).
Employers are not generally liable for acts done outside the scope of employment.
2. Doctrine of Common Employment
What is the Doctrine of Common Employment?
This is an older legal doctrine related to the relationship between an employer, employee, and co-workers.
The doctrine states that an employer is not liable for injuries caused to an employee by the negligence of a fellow employee while both are working for the same employer.
Explanation
If one employee causes harm to another employee due to negligence during work, the employer is not responsible for that injury.
The reasoning is that employees “assume the risk” of negligence by their co-workers when they accept the job.
Key Case: Priestly v Fowler
This is the classic case where the doctrine was established.
A butcher’s employee was injured due to the negligence of a fellow employee.
The court held that the employer was not liable because the injury was caused by the negligence of another employee, not the employer’s direct fault.
Why Doctrine of Common Employment was Important:
It protected employers from certain liabilities.
It placed the burden of such negligence on the employee injured or the negligent co-worker.
Limitations & Modern Views
Over time, courts have restricted or abolished this doctrine in many places because it was unfair to injured workers.
Today, employers are often liable under vicarious liability for injuries caused by co-workers’ negligence.
Summary:
| Concept | Meaning | Liability Held By | Key Case |
|---|---|---|---|
| Vicarious Liability | Employer liable for employee's wrongful acts | Employer (for employee's acts) | Lister v Hesley Hall |
| Doctrine of Common Employment | Employer not liable for injury caused by co-worker negligence | Employer not liable (injured employee bears risk) | Priestly v Fowler |
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