2023년 3월 24일 금요일

What is sufficiently close connection test for vicarious liability under English law?

The "sufficiently close connection" test is a legal principle in English law that is used to determine whether an employer can be held vicariously liable for the tortuous (wrongful) acts committed by its employees. The test is applied to establish whether there is a sufficient connection between the employment and the tort so that it is just and reasonable to impose liability on the employer. For a tort to be committed in the course of employment, there must be a sufficient connection between the employee's actions and their job. This connection can be established by showing that the tort was committed while the employee was carrying out their employment duties, or that the tort was committed as a result of the employment, such as through the use of the employer's equipment or during work hours. The courts have developed several factors that are used to determine whether there is a sufficiently close connection, including the extent to which the employee was acting within the scope of their employment, whether the tort was committed during working hours, and whether the employee was using the employer's equipment or resources. In summary, the "sufficiently close connection" test is used to determine whether an employer can be held vicariously liable for the wrongful acts of its employees, and is applied by considering the relationship between the employee's actions and their job.

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