Vicarious Agreement Meaning

Bob hires John as a forklift operator. While he moves a large box into the customer`s loading area, John hits a customer`s car and damages it. John was in the duties required by his job, so Bob can be made responsible for the cause of the damage. The legal liability imposed on a person for offences or offences committed by another person (usually an employee, but sometimes an independent holder or agent) while the person held responsible is not personally responsible. An employer is liable for the fault committed by its employees if it has authorized or ratified it or if the unlawful act was committed in the course of the workers` work. Thus, negligent driving by someone who is employed as a driver is an unauthorized act committed during his employment, but if the driver attacked a pedestrian who was being held for reasons of private revenge, the attack would not be related to his work and his employer would not be liable. The test is whether the unlawful act is so closely employment-related that it would be fair and would only make the employer liable (Lister/Hesley Hall [2002] 1 AC 215 (HL). Employers have been held responsible for workplace harassment (Majrowski v Guy`s and St Thomas`s NHS Trust [2006] UKHL 34, [2006] IRLR 695) and for the sting of a customer by a bouncer in front of a nightclub (Mattis v Pollock (t/a Flamingo`s Nightclub) [2003] EWCA Civ 887, [2003] ICR 335). The purpose of teaching trust liability is to ensure that an employer bears the costs of the damage caused by its activities. However, his assistant responsibility is in addition to the responsibility of the worker who is personally responsible for his own crimes. The person aggrieved by the wrongful act may take legal action, both of them, but generally prefers to sue the employer.

By: Assistant Responsibility in A Dictionary of Law “Employers and other managers – if there is a sufficiently close connection between the role of the agent/employee and the events that lead to liability. For example, a bar owner is chased by a patron who claims to have been injured by a bouncer who attacked him by throwing him out of the bar.