Legal Aspects of Business: Analysis of Vicarious Liability for EIC Ltd

This presentation analyzes the concept of vicarious liability within the context of a construction company, East India Construction Ltd (EIC Ltd). It addresses two specific scenarios: the company's potential liability for a truck driver's negligence leading to pedestrian injury and the liability stemming from a site manager's battery of a local resident. The presentation examines the legal principles of vicarious liability, assessing whether EIC Ltd can be held responsible for the actions of its employees. It then outlines proactive steps EIC Ltd could implement to mitigate future exposure to such claims, emphasizing the importance of taking sufficient care and ensuring compliance with relevant duties. The conclusion summarizes the findings, highlighting EIC Ltd's vicarious liability in both incidents and offering recommendations to reduce future incidents. The presentation is supported by references to legal resources.

Legal Aspects of Business

Table of Content
 Introduction
 Whether EIC Ltd will be vicariously liable:
 steps EIC Ltd might take to reduce its exposure in relation to vicarious liability
claims in the future.
 CONCLUSION
 References

INTRODUCTION
Law refers to set of rules and regulations which should be followed for keeping peace and
security to society. For every wrong attempted by an individual there are laws which is
categorised into two parts. First is criminal and second is civil law. When a person harms
the right of another which is not a criminal offence then law of tort is applied. According to
it when a person causes harm to suffer loss by the act of oneself is liable under the tort law.

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: In this case it is analysed that truck driver was delivering the material which was
required at construction site with the help of a truck-mounted crane. While performing this activity the
truck driver parked the truck on the pavement and failed to comply with his duties as it is the duty of the
driver to take care about the people who were pedestrian and using pavement. As his actions says that he
failed at his duties.
(b) to the local resident for his injuries following the battery inflicted by the Site Manager: In this
case, an employee of EIC limited punched a local resident who has problem with noise and bad-language
of the workers. According to this case it is analysed that a worker who is a manager on site harms a
person. In can be inferred from this incident that as a person came to complaint for noise and bad-
language which proves that they have caused annoyance and trouble for the people living near the sites.

Steps EIC Ltd might take to reduce its
exposure in relation to vicarious liability
claims in the future.
(a) To the pedestrian for her injuries resulting from the negligence of the truck-mounted crane
driver/operator: In this case it is analysed that truck driver was delivering the material which was
required at construction site with the help of a truck-mounted crane. While performing this activity the
truck driver parked the truck on the pavement and failed to comply with his duties as it is the duty of the
driver to take care about the people who were pedestrian and using pavement. As his actions says that he
failed at his duties.
(b) to the local resident for his injuries following the battery inflicted by the Site Manager: In this
case, an employee of EIC limited punched a local resident who has problem with noise and bad-language
of the workers. According to this case it is analysed that a worker who is a manager on site harms a
person. In can be inferred from this incident that as a person came to complaint for noise and bad-
language which proves that they have caused annoyance and trouble for the people living near the sites.

Steps EIC Ltd might take to reduce its
exposure in relation to vicarious liability
claims in the future.
In the above two cases in which EIC was held liable under vicarious liability as there are various factors
which were important by are ignored by the company which resulted in damage to the people as well
as company. There are various steps which must be followed to reduce the incidents related to
vicarious liability they are:
 Take sufficient care: It is a key element of negligence which must be taken into consideration by EIC
limited to reduce the incidents for which they are liable for vicariously.
 Comply with duties: Defendant owns a duty towards plaintiff. It is the duty of the employer that
plaintiff must not suffer with the actions of the defendant.

CONCLUSION
It is concluded from the above study that EIC was held liable in both the
incidents in which a person is harmed by negligence of the truck driver
and in second incident manager at site of the company harmed a person
by which EIC becomes liable vicariously under English law. Some
guidelines are also suggested in respect to EIC to reduce the incidents of
vicarious liability.

REFRENCES
Books and Journals
Gortsos, C., 2017. Institutional and Legal Aspects of the European Banking Union:
Status Quo and the Way Forward. Available at SSRN 3093830.
Kostruba, and Shemshuchenko, Y., 2020. Legal Aspects of Corporate Management
in the Context of International Law Rules. Available at SSRN 3697606.
NM, B., 2019. Theoretical And Legal Aspects Of The Investment Activity Of
Insurance Companies. Frontiers in Finance & Economics, 16(2).
Mayer, B., 2018. Legal Aspects of the 1.5 Degree Celsius Target.