Report on the Vicarious Liability of EIC Ltd. and its Implications

This report examines the vicarious liability of EIC Ltd., analyzing two case scenarios where the company is potentially liable for the actions of its employees. The first scenario involves a zero-hours contract driver, and the second concerns a Site Manager's actions. The report highlights the legal implications of these situations, emphasizing the employer's responsibility for the wrongful acts of its employees within the scope of their employment. Furthermore, the report outlines steps EIC Ltd. can take to mitigate its exposure to vicarious liability in the future, stressing the importance of employees exercising reasonable care in their duties. The report concludes by summarizing the key findings and reiterating the importance of understanding and managing vicarious liability in a business context. The report also includes references to relevant legal literature.

Legal Aspects of Business

Content
• Introduction
• Vicarious Liability of EIC Ltd. in both the scenarios
Step EIC Ltd might take to reduce its exposure in relation to
vicarious liability
• Conclusion
• References

Introduction
Vicarious Liability portrays the situation in which
one party is held responsible for the unlawful
act committed by the third party. The third
party is also held liable for his own share of
unlawful act. This liability generally arises
when one party who has control and
responsible for third party act negligently in
controlling and carrying out his responsibility.

Vicarious Liability of EIC Ltd. in both
the scenarios
CASE SCENARIO 1
According to the case stated, EIC Ltd. is vicariously liable for the
negligence of the driver employed under a zero-hours contract. As
zero-hours contract is a type of contract in which the employers
cannot deny its duties and responsibilities towards its employees.
Here in this case the company employed the driver for delivering
building materials to the construction site and thus, employer comes
under the meaning of vicarious liability

Continue…
CASE SCENARIO 2
Under this case also, EIC Ltd. is vicariously liable for the Site
Manager's battery. As the the employee's wrongful act occur within
the scope of employment of the company at the time of incident. One
of the main reason of employers vicariously liability is that the
wrongful conduct of the manager occur within the hours of
employment and within the boundaries of the employment (Priel,
2019).

Step EIC Ltd might take to reduce its
exposure in relation to vicarious
liability
As the vicarious liability creates situation in which the employers are
held liable for the wrongful acts committed by its employees
during the course of employment. Thus, makes employees to owe
a duty of a reasonable care while carrying out their duties or work
during the course of employment. Duty of reasonable care is
considered as an ethic in carrying out the act in the best of interest
towards the employers as well as others.

Conclusion
From the above PPT it is concluded that, the employer is generally
held vicariously liable for the wrongful act of its employees which
construes that the employees are required to owe a duty of
reasonable care while carrying out its work during the course of
employment. Thus, the report states the case scenarios in which
the company was held liable for the vicarious liability also
company formulated the steps to reduce the liability in future.

References
López Martínez, I., 2020. The Reconciliation of Secondary Liability for Trademark
and Copyright Law Through Tort Law in Different E-Commerce Situations. a
Comparative Study Between Us and EU Systems. Available at SSRN 3771170.
Oliphant, K., 2020. VII. England and Wales. European Tort Law Yearbook. 10(1).
pp.141-158.
Priel, D., 2019. The place of responsibility in tort liability. Jurisprudence. 10(3).
pp.396-407.
Srivastava, D.K., Srivastava, A. and Srivastava, N., 2018. ‘A Hazy Shade of
Liability’: Duty of Care of Universities to Prevent Hazing. Available at SSRN
3519607.

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