ABSTRACT
The rule of vicarious liability means that one person is liable for the torts of another. Aim higher is important to understand how the courts apply the tests to determine vicarious liability and to be able to use them in answering problem questions. The courts have developed a number of tests to determine whether someone is an employee or an independent contractor. The employer is vicariously liable only for the torts of employees and not for the torts of independent contractors. The law makes a distinction between employees and independent contractors. There are number of reasons have been advanced why the employer should be held vicariously liable. Some of the reasons: the employer can take out insurance to cover liability, it improves standards because the employer can try to ensure that the employee does not commit torts and the employer benefits from the work of the employee and should pay for losses arising from that work.
