ABSTRACT

O employer is made liable for something (s)he has not done; and it directly contradicts the fault principle.

5 But there are a number of justifi cations:

O traditionally an employer did have control; O the employer is responsible for choice of staff; O the employer is better able to stand any loss, e.g. from profi t; O employers must in any case insure for public liability; O it may be impossible to trace the person actually responsible (which

may be appropriate, e.g. in medical cases).