justifications for VL

Cards (4)

  • Vicarious liability is mainly justified on the basis that the employer is in a better financial position to compensate victims. This makes it a practical and fair remedy.
  • In cases like Limpus v London General (1862) and Rose v Plenty (1976), even though the employer forbade certain acts, they were still found liable, ensuring innocent victims were compensated.
  • Employers are likely to have liability insurance, so they’re not paying damages out of pocket. The costs are spread via insurance premiums, making compensation affordable and sustainable.
  • It also gives employers an incentive to recruit carefully and ensure proper training/supervision, as poor practices could lead to higher insurance premiums