Posted: September 13th, 2017

Tort What legal and ethical justifications for the doctrine of vicarious liability can you identify? How many are appropriate in the modern world?

Tort

What legal and ethical justifications for the doctrine of vicarious liability can you identify? How many are appropriate in the modern world?
The doctrine of vicarious liability lies at the heart of all civil and law systems of tort law. It represents not a tort, but a rule of responsibility which renders the defendant liable for the torts committed by another. The classic case is that of employer and employee: the employer is rendered strictly liable for the torts of his employees, provided that they are committed in the course of the tortfeasor’s employment. In such cases, liability is imposed on the employer, not because of his own wrongful act, but due to his relationship with the tortfeasor. The claimant is thus presented with two potential defendants: the individual tortfeasor and a third party, likely to be with means and/or insured and usually clearly identifiable in circumstances where it may be difficult to identify the actual culprit in question.
Any study of vicarious liability cannot therefore avoid consideration of its role in determining who ultimately bears the burden of paying compensation. For example, in the UAE, vicarious civil liability is set out in Article 313.1.b of the Civil Code as follows:
“(1) No person shall be liable for the act of another person, but nevertheless the judge may, upon the application of an injured party and in the event that in his opinion there is justification for taking that course, render any of the following persons liable as the case may be to satisfy any amount awarded against a person who has caused the harm:…(b) any person who has actual control, by way of supervision and direction, over a person who has caused the damage, notwithstanding that he may not have had a free choice, if the act causing harm was committed by a person subordinate to him in or by reason of the execution of his duty.
(2) Any person obliged to make good may have recourse against the person against whom the original award was made.
Mark
20/
How will the essay be assessed?
Introduction:
12.    This should provide an abstract/ summary of all the issues you wish to discuss in the body of the essay.
13.    This is your roadmap to the essay. It tells the examiner where you are going and how you plan to get there.
Mark
2/
Body of essay:
2.    Discuss one after the other the issues you have already identified in the introduction.
3.    You should divide the body of the essay into sub-sections as you deem appropriate.
Mark
2/

CONCLUSION:
14.    This should be a summary of the issues you have discussed in the body of the essay.
15.    An essay without a conclusion is like an unfinished painting.
Mark
2/
Support you discussion with:
16.    Academic authorities – i.e. textbooks, articles, etc (Suggested 4 references).
Mark
2/
Academic discipline:
17.    Writing a good essay involves knowing what to include and what to leave.
18.    All sources quote/cite must be acknowledged and appropriately referenced.
Mark
2/
Analysis and evaluation:
19.    How you have analysed and evaluated the subject-matter of the essay.
20.    How much you know and understand the subject-matter.
21.    How you have applied legal, academic and judicial sources.
22.    How you structured and presented the essay.
23.    A judgment as to the overall value of the final outcome, and its relative welfare gains when compared to alternative outcomes that might have been reached.
Mark
10/

References :

http://edge-law.blogspot.ae/2011/01/is-concept-of-vicarious-liability-out.html

http://lex-warrier.in/2011/02/justification-of-vicarious-liability/

http://www.ucc.ie/academic/law/odg/attachments/NEYERS_%28Theory_of_VL%29.pdf