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Words: | Submitted: Tue Jun 20 2006
... will be concentrated on. On one hand, is the social interest in furnishing an innocent tort victim with recourse against a financially responsible defendant; and on the other, is the hesitation to foist any undue burden on business enterprise.4 Starting from the first policy argument regarding the needs of tort for compensation, it can be seen that the doctrine of vicarious liability goes against the moral objective of tort. The law of Tort is based on the idea that the wrongdoer must be held liable for his torts and not anyone else. This doctrine makes employers liable for torts that they themselves have not committed. It should be noted though, that in a justice society, innocent victims need to be compensated and that the law of tort is there to ensure this. "Although most torts are committed by individuals, almost all damages are paid by companies, usually employers or insurers: individuals are ...
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