Examination Timing: 00H00M04S
A store clerk is on their scheduled break, smoking a cigarette in the employer's designated smoking area, when a customer from a short while before returns and confronts the clerk for apparently short-changing them. The altercation escalates, with the clerk assaulting the customer. The customer is now suing the clerk's employer.
Which of the following answers best describes the employer's liability?
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The test is whether the employee's torts are so closely connected with his employment that it would be fair and just to hold the employer vicariously liable. In this case, the employee was on a scheduled break in the employer's designated smoking area, still under the employer's control. Therefore, there is a sufficient connection between the tort and the clerk's employment to hold the employer liable. This is supported by the precedent in Lister v Hesley Hall Ltd [2001] UKHL 22, where the employer was held vicariously liable for the employee's actions due to the close connection with employment.
Key Point: Vicarious liability may be established if an employee's wrongful act is closely connected with their employment, making it fair and just to hold the employer liable for the employee's actions.
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