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A junior employee at a summer camp for young people has been convicted of an assault on a participant in the camp. The victim is suing the camp organisers for damages for psychological trauma on the basis that they are vicariously liable for the actions of the employee.

Which of the following best describes whether vicarious liability will apply?

A. Vicarious liability will apply if the employee’s act is sufficiently closely connected to his employment.

B. Vicarious liability cannot apply to criminal behaviour.

C. Vicarious liability will apply only if the assault occurred in working hours.

D. Vicarious liability can only apply to senior employees.

E. Vicarious liability will not apply because the employer obtained no benefit.

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Vicarious liability can apply if the employee’s wrongful act is sufficiently closely connected to their employment, making it fair and just to hold the employer liable. The court will consider whether the assault was carried out in the course of employment and if there was a close connection between the employee's duties and the wrongful act. This principle ensures that employers can be held responsible for the actions of their employees when those actions are linked to the employee's job.

Key Point: Vicarious liability is a legal principle that holds employers liable for the actions of their employees if those actions are closely connected to their employment. This applies even to criminal acts if the connection to the employment is established.

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