Analyzing Vicarious Liability of EIC Ltd. in Employment Context
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This report examines the concept of vicarious liability, focusing on two case scenarios involving EIC Ltd. The first scenario involves a driver employed under a zero-hours contract whose negligence resulted in pedestrian injury. The second scenario involves a Site Manager's battery. The report concludes that EIC Ltd. is vicariously liable in both instances due to the employees' actions occurring within the scope of their employment. The report also suggests steps EIC Ltd. can take to reduce its exposure to vicarious liability, emphasizing the importance of employees owing a duty of reasonable care while carrying out their work. The report references relevant legal concepts and sources to support its analysis.

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Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
Vicarious Liability of EIC Ltd. in both the scenarios ................................................................1
CASE SCENARIO 1..................................................................................................................1
CASE SCENARIO 2..................................................................................................................1
Step EIC Ltd might take to reduce its exposure in relation to vicarious liability.......................2
CONCLUSION ...............................................................................................................................2
REFERENCES................................................................................................................................2
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
Vicarious Liability of EIC Ltd. in both the scenarios ................................................................1
CASE SCENARIO 1..................................................................................................................1
CASE SCENARIO 2..................................................................................................................1
Step EIC Ltd might take to reduce its exposure in relation to vicarious liability.......................2
CONCLUSION ...............................................................................................................................2
REFERENCES................................................................................................................................2

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. In case of
employment relations, employer is held responsible for unlawful act of its employees only where
there is necessary connection between them. The report examines the vicarious liability in
stated scenarios of the company.
MAIN BODY
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 (López Martínez, 2020).
Driver's negligence occur when he parked the truck followed by his failure prevent pedestrians
while operating the crane which resulted into severe head injuries suffered by one of the
pedestrian. Therefore the employer that is the company will he held vicariously liable for the
negligence of driver's act (Oliphant, 2020).
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). Further the principle of tort states that the employers are vicariously
liable for the wrongful act of employees in the course of employment. that Thus, EIC is
vicariously liable for the tort of battery.
1
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. In case of
employment relations, employer is held responsible for unlawful act of its employees only where
there is necessary connection between them. The report examines the vicarious liability in
stated scenarios of the company.
MAIN BODY
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 (López Martínez, 2020).
Driver's negligence occur when he parked the truck followed by his failure prevent pedestrians
while operating the crane which resulted into severe head injuries suffered by one of the
pedestrian. Therefore the employer that is the company will he held vicariously liable for the
negligence of driver's act (Oliphant, 2020).
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). Further the principle of tort states that the employers are vicariously
liable for the wrongful act of employees in the course of employment. that Thus, EIC is
vicariously liable for the tort of battery.
1
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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. Therefore, duty to care is a legal
obligation which is required to be followed by the employees (Srivastava, Srivastava and
Srivastava, 2018).
CONCLUSION
From the above report 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.
2
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. Therefore, duty to care is a legal
obligation which is required to be followed by the employees (Srivastava, Srivastava and
Srivastava, 2018).
CONCLUSION
From the above report 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.
2
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REFERENCES
Books and Journals
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.
3
Books and Journals
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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