Legal Principle : Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment. Factual Situation : New Vision School opened a boarding house (Shivaji House) for boys in theyear 2000 for the students having behavioural and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining disciplineand the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged inevening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later,resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against the employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariouslyliable for their employee’s intentional sexual abuse of school boys placed under his care?

Question

Legal Principle : Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment.  Factual Situation : New Vision School opened a boarding house (Shivaji House) for boys in theyear 2000 for the students having behavioural and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining disciplineand the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged inevening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later,resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against the employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariouslyliable for their employee’s intentional sexual abuse of school boys placed under his care?

Examsnet · Accepted Answer

Correct Answer is : Yes, there was a sufficient connection between the work that the warden was employed to do and the abuse that he committed to render it within the scope of employment. The abuse was committed at the time, premises and during the course of the warden’s care of the boys

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