Business Law Report

Business Law
Report
Running Head: COMMERCIAL LAW 0
6 / 1 8 / 2 0 1 9
Student’s Name

Business Law report 1
Contents
Contents
Contents...........................................................................................................................................1
Question 1........................................................................................................................................2
Question 2........................................................................................................................................3
Question 3........................................................................................................................................5
Question 4........................................................................................................................................6
References........................................................................................................................................8

BUSINESS LAW REPORT 2
Question 1
Vicarious liability is a concept of common law where someone else can be held liable for the
omission of others. In the context of an employment relationship, very few people know that an
employer can be held liable for the actions of employees. Such acts include violent,
discriminatory action, breach of copyright and many others. However, this is necessary to state
here that while determining the vicarious liability of an employer, the court often checks that
whether the employee was acting in a personal capacity or the omission has occurred during the
course of employment (Acas.org.uk, 2019). Tort Law is another civil law that provides
provisions related to negligence. Negligence is a situation in which a person who owes a duty of
care, to other breaches the same. Here this is to mention that the duty of care seems to be
breached in those cases where a person fails to act reasonably. Tort Law also recognizes the
principle of vicarious liability and held the employers liable for the torts conduct by employees
in the course of employment (Uk.practicallaw.thomsonreuters.com, 2019). In the presented case,
a person named Tiffany Mato was crossing the road and had an injury. The reason for injury was
the action of Jonathan Grant who was driving the vehicle very fast. Jonathan was acting on
behalf of his company. The point to be noted in this case is that the shift timing of Jonathan. As
per the given details, his shift timing was till 17:00 and the incident where he hit Tiffany
happened at 17:10. However, the accident happened after shift timing but was in the course of
employment. Hence, Jonathan, as well as his company, can be held liable under civil law.
Now moving the discussion towards criminal liability, this is to mention that criminal law does
not hold the company liable under the principles of vicarious liability (Fisher, 2017). In this