Essay on The Case Of The Hill Top Cafe

976 Words Nov 5th, 2015 4 Pages
As for the case of the Hill Top Café which owned by Anneke, there are several issues that arise from this case. To begin with the first circumstance, a general issue concerning the tort of negligence should be considered but the concern is that has Anneke been negligence. In the subsequent situation, it includes the general issues about vicarious liability and negligence, and the particular issue of claims for physical injuries. Therefore, does Anneke have a vicarious liability should be concerned and has Ivan been negligence. Meanwhile, who should take the responsibility to compensate the injury of Steve.

The issue of vicarious liability arises in employment situations and there are two main questions should be considered.
1. Was the tortfeasor in fact the employer’s servant(employee)?
Control is the most significant criterion which should be tested in this situation, but not the only one. The lawful instructions should be provided by the employer and he or she has the duty to tell the employees what to do and how to do it. If not, the tortfeasor is just an independent contractor and is not an employee.
2. Did the tort occur “during the course of employment”?
If not, the employee alone is liable, however, if an action occurs during the course of employment and it is complied with the expressly or impliedly awarded by the employer. Furthermore, the employer may foresee and forbid the activity which will cause loss and damages or even the tort was committed for the…

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