Provide a 10 pages analysis while answering the following question: Liability for an Employees Assaults. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. The discussion that follows explains why.
Vicarious liability is a legal concept assigning responsibility to an employer for the negligence or prohibited conduct of an employee acting in the course of his duties at work. If the conduct is in no way connected to the employment the employer will not be held liable. There are several reasons for the doctrine of vicarious liability and Michael A. Jones offers perhaps the best synopsis. Jones explains that vicarious liability can be justified on the following grounds:
“(1) The master has the ‘deepest pockets’. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles.
The courts have established and developed a three tier test in order to determine whether or not the tortfeasor is an employee and his employer is vicariously liable for the conduct of his or her employee. The three tier tests are: “the control test”2, “the integral test”3and “the multiple test.”4
The control test is satisfied if the employee is under the control of the employer. For instance if the employer can terminate the employee for failing to carry out the employer’s instructions, the employee is under the control of the employer.