The term vicarious liability means that one person takes the place of another as regards liability. Although the matter also arises in relation to principal and agent and partnership, the most important and commonest example of vicarious liability is that an employer is liable for the torts committed by an employee who is acting in the course of his employment, but not for those of an independent contractor. First it is important to distinguish who …
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showed last 75 words of 751 total
…The doctrine can also be justified on a moral basis as the employee inflicts loss on the claimant while pursuing the employer's business interests. As the employer obtains a benefit from the employee's work, they should also bear the costs of accidents arising out of it. The legal rationale for vicarious liability seems to come down to a matter of 'social convenience and rough justice': per Lord Pearce in Imperial Chemical Industries Ltd v Shatwell .