The Basis of Employer’s Liability in English law | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 3, September 2014, Pages 101-128 | ||
| Author | ||
| P.D. Salam Abdul Zahra Al-Fatlawi andA.P.D. Nabeel Mahdi Kadhum | ||
| Abstract | ||
| Summary Vicarious liability is a liability for misconduct committed by others; liability of employer for his employees' wrongdoing is the current application for this liability which had started as a liability for all those can the liable person controls their conduct such as his family. Despite of being acceptable in the common law, this sort of liability has lacked the agreeable and undisputable rationale which can legally justify imposing this liability. The main obstacle which all justifications have confronted with is that this liability is imposed regardless any fault or negligence in the part of employer, this distinguishing characteristic apparently conflicts with the foundations of tort law which is fault-based. In this paper, the authors will discuss the absence of agreeable basis of vicarious liability and try to offer a solution. But first, the historical background of this kind of liability should be reviewed, this will help to understand rationales which were offered during the historical periods, second the research will try to analyze current theories according to which scholars try to justify imposing this liability so that we can find the reason of their failure in giving an acceptable reason for imposing vicarious liability. | ||
| Keywords | ||
| It was not the emergence of tort monopoly on French law but exceeded in appearance to appear in English; while the courts faced a simple user causes a problem when the work for the benefit of the employer can not afford the damage compensation resulting from it | ||
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