Employers are held vicariously liable for torts committed by their employees in the course of their employment.
Question:
Employers are held vicariously liable for torts committed by their employees in the course of their employment. Some have questioned the fairness of this process, since it is the employee who is committing the wrongful act, not the employer. This is an example of holding the employer strictly liable for the employee’s wrongdoing even though they are completely innocent. We don’t even impose that kind of liability on parents for the wrongful acts committed by their children. Discuss the appropriateness of holding one person, such as an employer, responsible for the acts of another. Look at the question from the point of view of all parties involved and also consider the public interest. Consider as well that the Supreme Court of Canada has broadened the scope of activity for which an employer will be vicariously liable for the acts of employees. The test now is not whether he was doing his job but whether the act was closely enough connected to his or her employment to impose liability.
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