- 5 Marks
Question
The law of tort deals with civil liabilities of wrongdoers. There are many heads of liability under the law. One of the heads of liability is the tort of vicarious liability. You are required to explain the tort of vicarious liability.
Answer
Vicarious liability is a legal doctrine whereby one party is held liable for the tortious acts of another, based on the relationship between them. This is commonly seen in employer-employee relationships, where an employer can be held liable for the wrongful acts of an employee if those acts were committed in the course of employment.
Key points regarding vicarious liability include:
- Relationship Requirement: There must be a specific relationship, such as that of employer and employee or principal and agent.
- Scope of Employment: The wrongful act must have occurred during the course of employment or within the scope of the employee’s duties.
- Public Policy: The doctrine is grounded in public policy, aiming to provide compensation to injured parties while ensuring that those who benefit from the employee’s activities (like employers) bear the costs of such activities.
- Tags: Business Law, Tort Law, Vicarious Liability
- Level: Level 1
- Topic: Sources of Nigerian Law
- Series: MAY 2012
- Uploader: Theophilus