2007•SSRN Electronic JournalOpen access

The Case Fo the Singaporean Rogue and the Corrupt Civil Servant

Margaret Fordham

Open full text 0 citations

Abstract

It is a well established principle of tort law that an employer can be held vicariously liable for a tort which is committed by an employee during the course of his employment. Many vicarious liability cases have addressed the issue of whether the employee was, or was not, acting in the course of his employment when the tort was committed; rather fewer have needed to focus specifically on whether or not the act complained of was in fact tortious. In a recent vicarious liability case, however, the House of Lords had to consider the subtle question of whether an employer could be held liable for acts which, although performed during the course of an employee's employment, were not, under the existing law, technically in themselves sufficient to constitute a completed tort, but arguably became so only when linked with the fraudulent acts of a non-employee.

About this research paper

What this paper is about

It is a well established principle of tort law that an employer can be held vicariously liable for a tort which is committed by an employee during the course of his employment. Many vicarious liability cases have addressed the issue of whether the employee was, or was not, acting in the course of his employment when the tort was committed; rather fewer have needed to focus specifically on whether or not the act complained of was in fact tortious. In a recent vicarious liability case, however, the House of Lords had to consider the subtle question of whether an employer could be held liable for acts which, although performed during the course of an employee's employment, were not, under the existing law, technically in themselves sufficient to constitute a completed tort, but arguably became so only when linked with the fraudulent acts of a non-employee.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

It is a well established principle of tort law that an employer can be held vicariously liable for a tort which is committed by an employee during the course of his employment. Many vicarious liability cases have addressed the issue of whether the employee was, or was not, acting in the course of his employment when the tort was committed; rather fewer have needed to focus specifically on whether or not the act complained of was in fact tortious. In a recent vicarious liability case, however, the House of Lords had to consider the subtle question of whether an employer could be held liable for acts which, although performed during the course of an employee's employment, were not, under the existing law, technically in themselves sufficient to constitute a completed tort, but arguably became so only when linked with the fraudulent acts of a non-employee.

Key concepts: Vicarious liability, Tort, Civil servant, Servant, Law, Liability, Business, Political science

Related papers

Back to paper searchBrowse research topicsOriginal source
The Case Fo the Singaporean Rogue and the Corrupt Civil Servant — Research Paper | ScholarLens