Vicarious Liability and the Close Connection Test - Essay Example

Comments (1) Cite this document
This paper “Vicarious Liability and the Close Connection Test” will attempt to establish that the rules of vicarious liability are applied too arbitrarily for a third-party to know what will  happen in a given case, and that employers should be liable in more circumstances…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.2% of users find it useful
Vicarious Liability and the Close Connection Test
Read TextPreview

Extract of sample "Vicarious Liability and the Close Connection Test"

Download file to see previous pages In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have the duties that he did  - checking up on children at night, alone – then the warden would not have the opportunity to sexually abuse the boys in his care. While this case was landmark, in that it put employers on the hook for intentional torts if the intentional torts arose because the duties of the employee essentially allowed the intentional tort to occur, this rule is not sufficiently bright line to encompass every situation.
This principle would come into play in the case of Dubai Aluminum v. Salaam as well.  In the case of Dubai, the question was whether the firm would be liable for tortious acts of a member of the partnership, as well as acts which would be considered to be equitable wrongs, such as the wrongs which were engaged in by Salaam in this case.  There are elements of agent and principle in this case, because Amhurst in this case would be considered to be an agent of the solicitor firm that he was a partner of.  However, in this case, it was held to be in the ordinary course of business, so both tortious wrongs and dishonest breaches would make the firm vicariously liable, therefore the principle should be on the hook for the agent's acts....
i case, it has long been a tenant for torts that it does not matter if something is expressly forbidden – typically the employer would still be liable for the actions of the employee. This principle was established in 1862 with the case of Limpus v. London General Omnibus Co.2 In the Limpus case, the company expressly told the driver of the omnibus not to race other omnibuses, yet the driver did this, and the omnibus overturned. However, the Limpus case is difficult to square with another case with similar facts, which found that if an employee does something that is not done with the knowledge or consent of the employer, this often means that the employer is not vicariously liable for the resulting negligence, which puts the onus on the injured party. The case is Conway v. George Wimpey & Co. Ltd.3 In the Conway case, the employee picked up the plaintiff, who was also an employee, and got into an accident. Since the employer did not know nor authorize the employee to do this, it was held that the employer was not liable. This seems to be an arbitrary case, in light of the principles set forth in Limpus. New Close Connection Test While the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd.4 This apparently was one of the first times that employers are said to be liable for intentional acts of their employees. In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Vicarious Liability and the Close Connection Test Essay”, n.d.)
Retrieved from
(Vicarious Liability and the Close Connection Test Essay)
“Vicarious Liability and the Close Connection Test Essay”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
anyafahey added comment 1 year ago
Student rated this paper as
I never thought 2500 words essay could be written in such a free manner. I loved the content of this essay. Will definitely use it for my own work!

CHECK THESE SAMPLES OF Vicarious Liability and the Close Connection Test

Vicarious Liability for Police Supervisors

...). In addition, the Supreme Court of the United States established two categories of hostile work environment sexual harassment, with regard to such cases. The Court used this test to determine the vicarious liability of the employer. Under this test, if the alleged harassment had crystallized in a tangible employment action, such as hiring or resigning from the job, then the employer was rendered vicariously liable (Bass 196). On the other hand, when the harassment did not culminate in a tangible employment action, then the employer could resort to a defense to liability. This defense requires the employer to establish that he had...
12 Pages(3000 words)Research Paper

Vicarious Liability

...? Vicarious Liability Briefly discuss the terms vicarious liability and corporate liability. Vicarious liabilityentails a tort where a third party is held liable due to the negligence of another person for whom they have a special relationship. For example, an employer may be held liable for a tort committed by his/her employee (Anselmi, 2012). On the contrary, corporate liability involves a legal responsibility of a company due to criminal acts executed by its employers. Corporate liability focuses to determine the extent in which a company may be held liable for the criminal acts committed by a natural...
3 Pages(750 words)Essay

Vicarious Liability -Legal Aspects in Health Care

...their patients from danger, if they do not perform clinical tests as required or even if they fail to keep correct medical records of their patients. A case where the hospital admits and releases patients inappropriately also falls under this category. In fact, during admissions, a hospital is required to treat the seriously injured as an emergency regardless of whether they are able or unable to pay for the services without discriminating anyone based on their colour, origin or even religion. Failure to undertake this will automatically spell corporate liability. Vicarious liability on the other hand comes about when a hospital is held liable for the negligence of an...
4 Pages(1000 words)Essay

Vicarious Liability -Legal Aspects in Health Care

...Running Head: Vicarious Liability – Legal Aspects in Health Care The essence of this paper is to explain the medical concept, vicarious liability; its definition and case, particularly one based on medical negligence in a hospital or health care organization. Vicarious liability extends its arm to Hospitals and health care organizations where in most cases, medical malpractices due to negligence or deliberately by unqualified medical personnel’s undoing are witnessed. Introduction In most cases, a person(s), organizations, companies, hospitals or health care providing institutions are held accountable for their employee’s wrongdoings. ...
2 Pages(500 words)Essay

Vicarious Liability

...Vicarious Liability Identify and discuss the concept of vicarious liability. Vicarious liability entails holding a person accountable for the actions of another person especially in a situation where the parties involved have a special relationship. This means that a company may be held liable for the actions of its employees if employee acts were within the scope of employment. The plaintiff may substantiate/prove the aspects of vicarious liability in three ways namely: if employee was acting within the scope of his/her employment, the employer was in full capacity to control the acts of its employees....
2 Pages(500 words)Essay

Liability Issues - Limited Liability Company

...Liability Issues - Limited Liability Company Introduction This paper is based on a case analysis that is based on three friends who have graduated from the Computer Science Department of the Manchester Metropolitan University who desire to run a business that will buy and sell computers, computer software and accessories. The paper provides advice on how to incorporate their business and carry out their transactions in order to attain the best and optimal results. Types of Business Options There are three main types of businesses in the UK and these are: 1. Sole traders 2. Limited companies and 3. Business partnerships (, 2014) Under each of these three types of businesses there are...
6 Pages(1500 words)Essay

Vicarious responsibility and uk law

...within the UK vicarious act regulations where the employers of warden, who systematically abused boys sexually, were charged for vicarious liabilities. Previously, the act was quite different as sexual abuse by teachers was considered “far removed from being an unauthorized mode of carrying out duties on behalf of his employers.” This conclusion by the court directly challenged the validity of previous argument. But the central theme of the argument is still the “course of employment,” but the court added another dimension by running the close connection that did not require the activities to be authorized by the employer, whether expressly or impliedly....
16 Pages(4000 words)Essay

Vicarious Liability Module 3 ( CASE)

...Vicarious Liability Module 3 Introduction The doctrines concerning vicarious and corporate liability represent the lawful principles based on which the individuals are sued particularly due to their any negligence activity (Anselmi, 2012). These doctrines are not a new phenomenon that can be highlighted in the case of “Norton v. Argonaut Insurance Co.” With this concern, the essay intends to discuss about the aforesaid doctrines related to this case. Discussion of Vicarious Liability and Corporate Liability The term vicarious liability is viewed to remain as a sub-part of secondary...
2 Pages(500 words)Essay

Vicarious Liability Module 3 ( SLP)

...Vicarious Liability Vicarious Liability Introduction Vicarious liability can be defined as a condition whereby a single party is considered responsible for actions considered to be unlawful towards another party. The third party can get obliged to a share of liability in the case. Common situations when vicarious liability occurs are when one party has the control as well as responsibility to another party. Sufficient prove is required to indicate that the party with the responsibility and control neglected its mandate (Moses and Jones, 2011). The paper discusses the act of diluting drugs...
2 Pages(500 words)Essay

Vicarious trauma

...A magical profession: literature review al affiliation A magical profession: a literature review In “A Magical Profession”, Ali Hetherington addresses the various challenges that sign language interpreters go through in the course of their profession. Hetherington clearly states that the major problem is that there is insufficient literature regarding the challenges associated with the sign language profession, thus giving the illusion that interpreters do not face any challenges. Hetherington approaches the issue directly and states that sign language interpreters are not magicians and that the roles they perform are complex. In practice, the profession can be emotionally drowning, thus the need for supervision and supportive... magical...
1 Pages(250 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Vicarious Liability and the Close Connection Test for FREE!

Contact Us