TORT 2.6E VICARIOUS LIABILITY (JUSTIFICATION)
JUSTIFICATIONS FOR VICARIOUS LIABILITY.
Having the amateur scenario in mind look at the following justifications:
– The maxim, qui facit per alium facit per se; he who acts through another acts for himself. Kunle’s act could therefore be seen as that of Mrs Jumoke.
– Respondeat superior: let the master answer.
– The employer set the action in motion and the employee carries out such action on the instruction or for the benefit of their employer- Atiyah.
– Glanville Williams added; the employer is more solvent and in a better financial position to pay for the damages caused.
– Employers may not even feel the effect of the financial burden (damages) because their insurance co may pay for it. Mrs Jumoke’s insurance co may repair Mrs Adebola’s car where the damage falls within the ambit of the insurance policy.
- The loss imposed on an employer can be spread to customers by increasing the cost of goods. E.g. if an over speeding Dangote truck carrying sugar crashes into a filling station and causes an explosion, Dangote Industries (rather than the driver who may probably be dead) may be liable for the loss occasioned they may recover the expenses by adding #20 to all the cost of all their sugar.
– Vicarious Liability is a rule of public policy and justice.
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