What is vicarious liability and when can an employer be liable for an employee's negligence?

Study for the Solicitors Qualifying Examination SQE Stage 1. Prepare with flashcards and multiple choice questions. Every question includes hints and explanations. Ace your test with confidence!

Multiple Choice

What is vicarious liability and when can an employer be liable for an employee's negligence?

Explanation:
Vicarious liability rests on the employer’s responsibility for negligent acts by its employees because of the employer–employee relationship. The employer is liable when the employee’s negligent act is carried out in the course of employment—meaning while performing duties, acting to further the employer’s business, or within the authority given. If the act is outside the scope of employment, such as a personal errand or conduct far beyond what the job requires, the employer is generally not liable. This balance—liability for acts done in the course of employment, but not for acts outside that scope—is what makes this option the correct description.

Vicarious liability rests on the employer’s responsibility for negligent acts by its employees because of the employer–employee relationship. The employer is liable when the employee’s negligent act is carried out in the course of employment—meaning while performing duties, acting to further the employer’s business, or within the authority given. If the act is outside the scope of employment, such as a personal errand or conduct far beyond what the job requires, the employer is generally not liable. This balance—liability for acts done in the course of employment, but not for acts outside that scope—is what makes this option the correct description.

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