benefit and control

• The law assumes that if the employer benefits from the employee’s work, it is only fair they should accept liability for wrongdoing that happens during that work.
• In practice, many employers pass on liability costs to consumers – e.g., charging for PPE during COVID – so the financial burden doesn’t always harm the business directly.
• Despite the perceived fairness, this principle undermines fault-based liability, as the employer may have acted entirely reasonably but still be liable for another person’s wrongdoing.