Report on Vicarious Liability and Negligence in Business Law

This report delves into the legal aspects of business, specifically focusing on vicarious liability and negligence. It begins by defining tort as a civil wrong arising from a breach of duty to take care, particularly highlighting negligence as a key element. The main body of the report analyzes a case involving EIC Ltd., examining whether the company is vicariously liable for the actions of its employees, including a truck-mounted crane driver and the site manager. The analysis considers the concept of vicarious liability, which holds an employer partly responsible for the actions of their employees. Furthermore, the report explores steps EIC Ltd. could take to mitigate future vicarious liability claims. The conclusion summarizes the key findings, emphasizing the importance of understanding vicarious liability and the preventative measures businesses can implement. The report references several academic sources to support its analysis.

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

liable for that negligent act as it is the employee- employer relationship in which both will be add
as same party under the course of employment. Thus the suite manager will be responsible for all
the negligent act that has been performed over there.
2. What steps EIC Ltd might take to reduce its exposure in relation to vicarious liability
claims in the future
When a vicarious liability is been arise there has been seen that all the employee and the
employer will be held liable for that act but there are certain measures that can be taken in order
to prevent from all the liabilities, the EIC Ltd can claim that they had taken all the reasonable
steps of taking care whole performing there duty and there has been seen that all the measures
are being followed. The vicarious liability and the negligence act though make them liable but
there has been seen that all the acts and the areas ion which the company there by worked out is
in reasonable are and all the care and cautions were taken place by them (Emerson, 2017).
EIC though can take all the future precautions and alerts while performance of any act
and there has been seen that such measures can prevent them from all the problems that are being
coming in future.
CONCLUSION
From this above report it is concluded that, tort is the wrong that has been occur in all the
civil liability and all the negligent cat comes with the breach of legal duty which has to be cared
off. The vicarious liability is mainly the liability which covers both the employers and the
employees in relation in which they tries to cover all the areas in amount to change in all the
record the reasonable measures can there by be taken for preventing and taking all the measures
in vicarious liability.

REFERENCES
Books and Journals
Emerson, R.W., 2017. An International Model for Vicarious Liability in Franchising. Vand. J.
Transnat'l L., 50, p.245.
Gray, A., 2018. Vicarious liability: critique and reform. Bloomsbury Publishing.
Lewis, K., 2019. Vicarious liability. BDJ In Practice, 32(4), pp.16-17.
Sharkey, C.M., 2019. Institutional Liability for Employees' Intentional Torts: Vicarious Liability
as a Quasi-Substitute for Punitive Damages. Valparaiso University Law Review, 53,
pp.18-35.