Legal Aspects of Business

Legal Aspects of
Business

INTRODUCTION
Tort is mainly a civil wrong which is being suffered by an individual due to the breach of
the duty to take care any injury that has been attained by the individual will be carried out as a
civil wrong. Negligence is the breach of the duty to take care that has to carried out by the
individual and has not fulfilled it this complies to be in the liability of civil wrong which is being
framed in compensation and damages (Gray, 2018). This report will cover the elements for the
vicarious liability and also the duties of the person in due course of employment.
MAIN BODY
1. Whether EIC Ltd will be vicariously liable.
(a) To the pedestrian for her injuries resulting from the negligence of the truck-mounted crane
driver/operator
Vicarious liability is mainly a strict liability in which one of the party will be held partly
liable for all the acts that are been occurred in between the party. They are vicariously liable for
all the issues that has been arises there has been framed that mainly this liability arise from the
common law doctrine marked for the agency. And there will be contributory negligence from
both the parties. This is mainly been done in all the workplaces where the negligent act of the
worker will directly make the manager being liable for it (Sharkey, 2019 ).
In the first case the EIC will be held liable for the act as the injuries which has been made
to the pedestrian is the negligence of the drivers as it is the duty to take care and have a proper
look while driving and mounting the crane. There was a breach of duty to take care on account of
driver and with that as he was in course of employment will held EIC also liable, the concept of
vicarious liability will arise over here. The driver was performing his duty and was under the
control of EIC so they both will be considered as negligent for the performance of that act
(Lewis, 2019).
(b) to the local resident for his injuries following the battery inflicted by the Site Manager.
The site manager will be held liable for the injuries that has been given to the local
residents as there has been seen that when any employee commits the tort in the time when he
was in the course of employment and was doing there duty then the employer too will be held