LAWS1003A Lecture Notes - Lecture 9: Industrial Revolution, The Employer, Independent Contractor
23 Jul 2018
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It is unnecessary to show the intention to cause harm, or commit a wrong. Not dealing here with cases where s had a duty to control w"s actions; but rather the case that arises when s is personally without fault, but is liable because of his/her relationship with w. Main situations where this arises: employee/employer or partner/partner. There are other cases where strict liability arises where w is a "contractor". These are known as cases of "non-delegable duty" Scott v davis: the liability of the master for the wrongs of his servants thereafter became limited to acts he had commanded or later ratified, then was supplemented by the notions of "the course of employment" and of "control" All forms of economic activity carry a risk of harm to others, and fairness requires that those responsible for such activities should be liable to persons suffering loss from wrongs committed in the conduct of the enterprise.
