problem 1 - contradicts the concept of fault based liability
the third element states that the employer will be liable for the tort of his employee if the tort is done
it seems unfair on the employer as they may have given excellent training to their employees yet are still liable for their torts
on the other hand, it gives the victim a better chance of being compensated
problem 2 - based on a fiction that employers have control over their employees
theory - the second elements states that the tortfeasor must be an employee
evaluation - multiple reality tests have been established in (ReadyMixedConcrete) which looks at all the factors establishing whether someone is an employee
it could equally be argued that modern methods of working from home means that in reality it is hard for employers to always supervise their workforce, its unjust to impose liability when an employee is working away from the employer
