Question Tag: Vicarious Liability

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  • 1 Marks

BL – May 2015 – L1 – SA – Q16 – Law of Tort

Identify the principle that makes a master liable for the tort of his servant.

The principle of law that makes a master to be liable for the tort of his servant is referred to as
A. Vicarious liability
B. Master’s liability
C. Tortious liability
D. Joint liability
E. Vexatious liability

Answer: A

Explanation:
The correct answer is “A. Vicarious Liability.” This principle holds an employer (master) responsible for the wrongful acts (torts) committed by an employee (servant) in the course of their employment. The employer is liable even though they did not directly commit the wrongful act.

  • 10 Marks

BCL – Apr 2022 – L1 – Q3a – Tort

Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.

a) Kojo Adams was employed by Zinto Breweries Ltd to drive the company’s van. Without permission, Kojo Adams took the van from his employer’s garage in order to deliver a child’s coffin at the home of a relative. While he was returning the van to the garage, he picked up some empty beer barrels, and was afterwards involved in an accident which injured one Kosaa. Kosaa took legal action in court against Kojo Adam’s and Zinto Breweries Ltd.

Required:

i) Identify TWO (2) issues that arise from this case.

(4 marks)

ii) Explain the chances of Kosaa in her action against Zinto Breweries Ltd.

(4 marks)

iii) Advise Kojo Adams.

(2 marks)

i) The principle of law identified in the question relates to vicarious liability. The vicarious liability principle simply states that an employer is liable for damage caused to another person by his employee, while the employee was carrying out his work (or while the employee was in the course of employment). The scenario relates to employment contract. The issues for determination are: a. Whether or not Zinto Breweries are vicariously liable for the tort of Kojo Adams namely the injury to Kosaa b. Whether or not Kojo Adams must bear his own tort for being on the frolic of his own. The principle applies whether the injury was to an outsider or to a fellow employee. The employer is liable even though he was not in any way at fault. So far as the law is concerned, the employer and employee are regarded as associated parties in the business in which both are engaged. The policy basis of the legal principle is to provide the injured person with a defendant who is likely to be able to pay damages which the court may award. The principle does not become applicable if the employee acts outside of the contractual duties. There are, however, instances such as the employer being liable in spite of the fact that the employee was acting improperly, if the act was, even so, part of his contractual duties. (4 marks)

ii) In the circumstance of the facts of the scenario in the question, the following matters arise: Kojo Adams is an employee of the Zinto Breweries Ltd. and he drives the company’s van. From the facts of the case, the journey during which he carried a child’s coffin to a relative was not authorized. That the journey was not converted into an authorized journey merely because Kojo Adam performed some small act for the benefit of his employer by picking those beer barrels. It, therefore, means that injury to Kosaa when the van was involved in the accident cannot make the employer liable. That the chances of Kosaa succeeding in her action against the employer, Zinto Breweries Ltd., are slim because Kojo Adams acted outside of his contractual duties. (4 marks)

iii) Kojo Adams will be personally liable for the injury of Kosaa. He could be liable to both specific and general damages. The company Zinto cannot be vicariously liable in this circumstances. (2 marks)

  • 6 Marks

BCL – May 2018 – L1 – Q2c – Tort

Explain the possible liability of a company and its employee in a negligence case.

c) Bizee Company Limited is a wholesaler storing large quantities of goods in the port city of Takoradi. Kofi Gee, an employee of the company, is a well-trained and skilled driver in a specialty truck. As part of the company’s routine retraining, the need for Kofi Gee to take time, drive the truck carefully and safely, taking into consideration always people on the premises, was over-emphasized. One day, in a hurry to complete the day’s scheduled duty, Kofi Gee drove back the truck so quickly through the partition of the client part of the wholesale department. Two clients on the sales section of the company at the time were injured.

The Board of Directors of the company foresaw the potential consequence to compensate the injured. At their meeting, therefore, you were consulted for your idea on the compensation.

Required:
Explain to the Board the possible liability of the company and Kofi Gee to the two injured clients.

(6 marks)

The question involves vicarious liability of Bizee Company Limited for the tort of its employee.

Every individual is liable for his own tort. However, employers are vicariously responsible/liable for the tort of their employees while the employees are acting in the course of employment. The employer ceases to be liable only where the employee is on the frolic of his own. Kofi Gee was employed to drive the specialty truck and was doing that when the accident occurred. Therefore, the company becomes vicariously liable for the tort of Kofi Gee in the tort of negligence, despite the instructions and despite providing him with the needed training. (4 marks)

The law imposes a duty on everyone and to everyone to take care, in particular professionals. Kofi Gee breached that duty by failing to apply the skill and expertise in driving the specialty truck. Kofi Gee will also be liable in the tort of negligence. (2 marks)

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