LAW TALK SHOW episode 2 : the vicarious liability.

here we are again in the law talk show hosted by me and my self: hazwan.. yup.. today we gonna look at the law of tort( undang2 kecuaian). the very 1st topic we gonna discuss is all about VICARIUOS LIBILITY..

DEFINITION:
according to LORD DENNING ( fommer jugde of houswe of lord, UK) said that, vicarious libility is the situation where the EMPLOYER is liable for the tortuous act done by his worker (employee) when it happened in the course of employment.
This also known as joint liability....

RATIONALE:
there are huge numbers of rational regarding this liability.. but the mains are
1. the employer gets the benefits frm the employee's works...
2.to increase the standard of safety
3. emplyers has greater funds to pay the damages rather then emplyee..

all this mean that, if the worker did negligent act ( tortuous), while he is in the course of his employment, the damages ( compasation) will be paid by the company(emplyer)
but, the not at all time the emplyer is liable...

in order to make the emplyer liable for vicarious liability, there are 3 main elements that should be fulfilled by the emplyeee...

1st element...
- the tortfeasor must be an employee to his master ( employer)
we must defferenciate between 2 things...
-contract of service ( employer-employee relationship)- the emplyer is liable
and
-contarct of service ( independent contractor)-emplyer is not liable

how to defferenciate the things above??
1- via CONRTOL TEST
based to the case of SHORT Vs J & W HANDERSON
-in this case, the are 4 things that be consider in order to determine the employer-employee r/ship.
a) the power of employer to select of his employee
b) the power in determining salary and other remuneration
c) the power or right of employer to control the method done by the employee
d) the power of right of the employer to terminate employee's service..

if the employer has the all the power that stated above upon his worker, so... the people who works for him is his employee.....

TO BE CONTINUED..