Legal Department Presentation: Vicarious Liability for EIC Ltd Cases

This presentation analyzes vicarious liability within the context of business law, specifically focusing on cases involving East India Construction Ltd (EIC Ltd). The presentation explores the concept of vicarious liability, where employers are held responsible for the wrongful actions of their employees. It examines two case scenarios: one involving a driver hired on a zero-hours contract and another involving a site manager's misconduct. The presentation highlights EIC Ltd's potential liabilities and suggests steps the company could take to reduce its exposure. It emphasizes the importance of reasonable care in employee conduct and the employer's duty to prevent employee torts. The conclusion reiterates the employer's responsibility for employee actions during employment, providing a comprehensive overview of vicarious liability principles.

Business Law

Content
 Introduction
 Case scenario 1
 Case scenario 2
 Step EIC Ltd might take to reduce its exposure in relation to
vicarious liability
 Conclusion
 References

Introduction
Vicarious Liability portrays the
situation in which the employers
are strictly liable for the wrongful
actions of their employees. Thus,
creates a situation in which one
party is held responsible for the
unlawful acts of third party.

Case scenario 1
According to the case scenario, the company, EIC Ltd. is
vicariously responsible for the negligent act of the driver which the
company hired on zero-hours contract basis. According to the zero-
hours contract, the employers cannot deny its obligations to
perform its duties and responsibilities towards its employees.

Case Scenario 2
This case states the vicarious liability of the company, EIC Ltd. in
respect to its Site Manger's wrongful act. In this case the site manager,
an employee of the EIC Ltd. Company physically abused the local
resident during a heat of argument and thus, committed the unlawful
act i.e. battery.

Step EIC Ltd might take to reduce its exposure
in relation to vicarious liability
As the vicarious liability portrays the scenario in which employers are
held liable for the unlawful acts of its employees committed in
unlawfully manner during the employment. It creates duty that the
employees must perform its obligations and responsibilities by taking a
reasonable care as vicarious liability is considered as liability for the
torts of others.

Conclusion
From the above report it is concluded that, Vicarious liability creates a
situation in which a employer is responsible for the torts of its
employees. Such liability arose where a duty of care is imposed on the
employee and he failed to owe duty while performing the obligations.
The liability construes a duty to take reasonable care that the
employees must owe during its course of employment.

References
Friedman, N., 2020. Corporate Liability Design for Human Rights Abuses:
Individual and Entity Liability for Due Diligence. Oxford Journal of
Legal Studies.
Priel, D., 2019. The place of responsibility in tort liability.
Jurisprudence. 10(3). pp.396-407.
Wessels, B., 2019. Reconsidering the state’s liability for harm arising from
crime: the potential development of the law of delict. Stellenbosch
Law Review. 30(3). pp.361-391.

Thank You