The law refuses to relax the criteria for liability with no real explanation as to why bar a fear that laxer criteria will open up the floodgates of litigation. However H.
Is The Concept Of Vicarious Liability Out Of Control InSo if one accepts that the floodgate argument, for imposing such rigid criteria before there can be criteria, is unsound then one must also accept that the current law imposes too little liability as a result.
Legal Aspects of Health Care: Vicarious Liability - Essay
As long as employees are aware that any tort of negligence they commit during the course of employment will be recoverable from the employer they will never be inclined to be diligent to the best of their ability.If tort law will not help the innocent it seems foolish that it is so willing to help the guilty and this yet another reason why I believe tort law imposes too much liability.Vicarious Liability Vicarious liability applied where it is fair, just and convenient to do so.Vicarious liability essay - Quick and reliable services from industry best agency.Vicarious Liability in statutory offences: At the time of the framing certain statutes, the Legislature imposes the strict liability upon the employer.The rationale is that since the employers benefit from the work of their employees and ought to be liable for any damage the employee may have caused in his performance.Acts that involve the work environment but are actually entirely removed from the employers scope of awareness, for example the fraudulent dealings of the defendants in Lloyd v.
Please explain each one of the following. what is vicarious liability (intro) 1-vicarious liability implication 2-the delegation principle.
Tort Vicarious liability essay, research paperBriefly discuss the terms vicarious liability and corporate liability.This principle has always come with certain restriction as English property law has never recognised total dominion over land.Perhaps the recalcitrance of the tort system to consider psychiatric injury as equal to physical injury, and therefore increase liability, is because of the residual stigma associated with psychiatric injury as well as the fear of floodgate liability.Another area of tort law where there is too much liability, in my opinion, is vicarious liability for employers.
Another fault with the tort system in how it deals with psychiatric injury is that the limits imposed for liability are too restrictive and the reasons behind the restrictions not particularly persuasive.Individual approach to every client Getting in touch with us will make your day.However, I put forth the argument that a landowner who has paid for the privilege of a property right should not be compelled by the law to prevent trespassers being injured.However, the doctrine of VL is a form of strict liability and has the repercussions of placing undue burdens on businesses with negative economic impacts while distorting the ideas of corrective justice.
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I do not believe tort law should add further restrictions to property that is already subject to the laws of planning permission, restrictive covenants, nuisance etc.Graduate Level Franchising and Management Contracts Course, paper needs to be 3 to 5 pages and needs to answer the question.
On-time Delivery Forget about missing the deadline for submitting the paper.Reaction papers are a critical component of the conversation that will take place in this course.The law currently insists that employers are liable for any tortuous act committed by their employees as long as the act is within the scope of employment.
Vicarious liability in tort law teacher essays - Power WashingThis would allow for fairness for the employer, something which I believe has been disregarded in the development of vicarious liability, because as it is the law imposes too much liability in this area.
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In these areas I believe reform would be welcome however one must recognise that no legal system is perfect and the tort system could be far worse.Whatever the reason, a system that differentiates between the two forms of injury is in my opinion a flawed system as both are forms of injury that should be dealt with uniformly.Check out our top Free Essays on Vicarious Liability to help you write your own Essay.I have attempted to give both sides of the question equal attention and in doing so this has led to me to the conclusion that one cannot say tort law as a whole imposes too much or too little liability.If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please click on the link below to request removal.
This enables us to guarantee a 100% security of your funds and process payments swiftly. 4 Get your paper done After the writer completes the paper you will receive an email asking to check the preview version of it.It seems incoherent that in a criminal court a home owner whose land has been trespassed on, perhaps by a burglar, will be considered the victim and duly have the sympathy of the court and yet be cast in the role of villain in a civil court.We are not done with your paper until You are completely satisfied with your paper.Furthermore, many of the criteria regarding psychiatric injury are archaic and arbitrary.
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