The Main Justification For Vicarious Liability

1319 Words Sep 18th, 2014 6 Pages
5. What is the main justification for the main principle for a vicarious liability?

The definition of vicarious liability states that one party is liable for the actions of another. If there is a relationship between the tortfeasor and the defendant it will give the plaintiff a larger opportunity to be able to hold up a case because he/she will have another defendant that they may possibly use to make evidence stronger. The main justification for vicarious liability is that employers have more options to be able to pay compensation for when employees do not. The justification is that the employer will have to pay and bare the risks of loss. Employers are in charge of there contractors or staff who work for them because they have signed a contract; so if an employee is in troubled situation with work the employer has to step in and take responsibility and cover the employee’s wrong actions.

8. How do the courts determine the appropriate standard of care to be expected of a defendant?

“The courts determine that everyone owes a duty to take reasonable care in respect of anyone whom they could reasonably foresee might be harmed by their actions.” Not all cases are the same so they can’t determine the appropriate standard of care for each defendant to be the same. For example, if an Oshawa owner owned a pit bull who has a history of biting, and was on a leash in an un-fenced back yard and had bit someone who was walking on the side walk. The duty of care for this defendant…

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