The Case Of The Hill Top Cafe Essay
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…