A vehicle owner may be held liable if he lends his vehicle to another person and causes negligent damage or injury. This generally only applies if the driver has used the vehicle to perform a task for the vehicle owner. Since the mid-19th century, employers have been responsible for the fraudulent misrepresentation of their employees under the decision of Barwick/English Joint Stock Bank. [84] This responsibility was extended at the beginning of the 20th century to fraudulent acts that did not benefit the employer, an earlier requirement. [85] Subsequently, the test of responsibility for fraud was whether it was within the real or external powers of an employee to carry out the fraudulent acts he committed. [86] It was not enough for an employee to simply assert that he or she had the alleged authority; the deluded person or the deluded company must have been insured or had the employer accepted – or entered into standard transactions – that the worker concerned had been the subject of the transaction. [87] In these circumstances, an employer may be held liable by proxy: once it is established that there is a sufficient relationship between the employer and the worker, it is necessary that any wrongdoing be committed in the context of the employment. [38] As with the distinction between the employer relationship and the employment relationship, there is not a single test to sufficiently determine the actions for which employers are responsible. These findings are based on previous precedents and the facts of each case.

A privileged test of the courts was formulated by John William Salmond about 100 years ago, which states that an employer is held responsible for either an illegal act that he authorized or a type of unlawful and unauthorized act. [39] Justification is a political basis; If an employer could simply issue detailed and lengthy prohibitions for what a worker should not do, he could never be held responsible for the misbehaviour of his employees. [40] However, it is possible to distinguish between prohibited acts and acts that workers derive from their employment.

[easy-social-share buttons="facebook,twitter,google,pinterest,linkedin,whatsapp" counters=1 counter_pos="right" total_counter_pos="none" hide_names="force" template="dark-retina"]

Reacties zijn gesloten.

Scroll to top