Torts

Lesson 57: Defenses to Vicarious Liability

In the context of vicarious liability, certain defenses can be invoked to mitigate or eliminate liability. This lesson explores these defenses in detail.

1. Scope of Employment

One of the primary defenses to vicarious liability is showing that the employee was acting outside the scope of their employment. If an employee's actions are deemed to be outside the scope of their duties, the employer may not be held liable.

Example: If an employee commits a tort while running a personal errand during work hours, the employer may argue the act was outside the scope of employment.

2. Frolic and Detour

The concepts of "frolic" and "detour" are also relevant when assessing vicarious liability defenses:

Frolic: A major deviation from an employee's duties for personal reasons.
Detour: A minor deviation from the employer's business.

Note: Employers are typically not liable for actions taken during a "frolic," but may still be liable for actions during a "detour."

3. Independent Contractors

Employers can also defend against vicarious liability by arguing that the tortfeasor was an independent contractor rather than an employee.

Learn more about independent contractors here.

4. Intentional Torts

Another defense is to show that the employee's act was an intentional tort not authorized by the employer. This can absolve the employer of liability.

Visualization of Vicarious Liability Defenses

5. Consent and Authorization

If the employee's actions were explicitly authorized or consented to by the employer, this can complicate the defense against vicarious liability.

Application in Case Law

Various landmark cases have shaped the understanding and application of these defenses. For example:

Rose v. Plenty (1976)
Century Insurance v. Northern Ireland Road Transport Board (1942)

Conclusion

Understanding the defenses to vicarious liability is essential in navigating tort law. By recognizing the scope of employment, the difference between frolic and detour, and the role of independent contractors, one can effectively argue against vicarious liability claims.

For more insights, explore other topics related to tort law in our instructable: