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Vicarious liability is a separate theory of liability, which provides that an employer is liable for the torts of an employee under an agency theory, even if the employer did nothing wrong. The principle is that the acts of an agent of the company are assumed, by law, to be the acts of the company itself, provided the tortfeasor was acting ...
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. [1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy . [ 2 ]
Morris v CW Martin & Sons Ltd, [59] for example establishes vicarious liability of thefts by an employee, where there is a non-delegable duty to keep the claimant's possessions safe. [60] However, the scope of such liability was limited to torts committed in the course of employment, under the second limb of Salmond's course of employment test.
Human resource policies are continuing guidelines on the approach of which an organization intends to adopt in managing its people. [1] They represent specific guidelines to HR managers on various matters concerning employment and state the intent of the organization on different aspects of Human Resource management such as recruitment, promotion, compensation, [2] training, selections etc. [3 ...
Previously, judges had been unwilling to impose liability where assaults were motivated by revenge or vengeance; [1] it was established however that following the decision of Lister v Hesley Hall Ltd, [2] that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.
For example, in Australian Iron & Steel Pty Ltd v Banovic an employer’s policy for redundancy based on “last in, first off” was held to be indirect discrimination against women, who at that mining workplace has mostly only been recently employed.
Without lifting the veil there remains, however, no personal liability for directors or employees acting in the course of employment, for corporate manslaughter or otherwise. [43] The quality of a company's accountability to a broader public and the conscientiousness of its behaviour must rely also, in great measure, on its governance.
Errors and omissions (E&O) insurance, which may exclude negligent acts other than errors and omissions ("mistakes"), is most often used by consultants and brokers and agents of various sorts, including notaries public, real estate brokers, insurance agents themselves, appraisers, management consultants and information technology service providers (there are specific E&O policies for software ...