I have been reading through my submission and I have noticed a few mistakes, namely the one about
"Sate the circumstance in which an employer may be held vicariously liable for the negligence of an employee"
My answer reads "If an employer failed to provide correct and suitable guarding to a machine with exposed moving parts" I'm pretty sure this is wrong I shouldn't have given an example I should have said something like, if it can be proven that the duty of care was owed and this was breached which lead to harm.
It goes to show that importance there is on reading the question a few times and making sure you understand what it's asking for। I have personally found this area a difficult one to master.
I have sent the paper for a critique, when the chap comes back to me with it I will ask if I can post his comments, I am hoping to do this with a few papers and sections over the next few months.
Vicarious liability is the principle that employer is responsible for the actions (or ommissions) of their employees. This occurs when the act (or ommission)takes place when the employee is acting in the normal course of his employment.
ReplyDeleteAs an example if an employee were to run somebody over on his way to a job the employer could be held to be vicariously liable as the travel to tehjob would be part of their normal employment.
If the same employee was to run someone over on an unauthorised journey to the supermarket, even in works time, then the employee is acting outside of the normal course of their employment and the employer would not be vicariously liable.
Thank you for your comment, I remember when answering the question I didn’t know the meaning of "Vicarious" and as in now obvious from my answer I guessed
ReplyDeleteThanks again thank you for your constructive comment. Please feel free to add any more opinions as you feel fit.