Explaining Vicarious Liability

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Task-04
AC-4.2: Measuring Bill’s liability for negligence and XYZ Dairies’ responsibility under vicarious liability.
Yes, in Bill’s case, Bill is guilty for failing to provide necessary care to his minor employee and caused injury by driving recklessly. The “duty of care” principle creates a duty for the responsible to deliver utmost standard care to his/her employees under employment scope in course of the business.
As XYZ dairies, despite having prior knowledge of a minor’s employment by Bill, chose to do nothing. XYZ dairies’ reluctance to make amends caused the boy injury which can be traced back. XYZ dairies didn’t employ the minor, yet letting Bill to employ a minor makes them equally culpable for not taking necessary precautions. Bill’s …show more content…

When a business fails to address its employees actions and as a result, any injury/damage occurs to another holds the business liable without having any explicit involvement.
The “Rose v Plenty” case previously held Mr Plenty guilty of negligence of duty of care and caused Rose’s injury. But when appealed, the court also held the employer, the “Co-operative Retail Services Ltd’ as responsible for not acting under vicarious liability as per the company’s scope of employment that Mr Plenty enjoyed. Similarly, in “Mattis v Pollock’ case, Mr Pollock employed Cranston as bouncer who was intimidating to Pollock’s customers and was motivated to act violently. Unfortunately, Cranston suddenly stabbed Mr Mattis out of anger at Pollock’s club. The court held Mr Pollock responsible for the injury of Mr Mattis under vicarious liability.
A business mayn’t be held responsible under vicarious liability if it can prove that the employee acted to sabotage the reputation of the business. In the above case, if Cranston acted in vengeance on Mr Pollock for maltreatment, Mr Pollock can be acquitted from …show more content…

The failure to act upon having possible awareness of frequent trespassing in the property. For example, SKF Builders is a construction company which has stacked iron rods in the basement. As everyone knows the risk of sudden accident during construction, it is the responsibility of the construction company to ensure proper safety measures and security so that no one trespass the area and injure themselves. If the company failed to engage a guard to look over the dangerous materials, any injury incurred by civilian or trespasser will make the company

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