Question

Law question: law of tort

1. Tom was an employee of the restaurant and Peter was a customer. When serving the customers, Tom accidentally caused injury to Peter. Could Peter claim against the restaurant on his injury by reason of vicarious liability? As Peter was recovering from a previous injury, the accident resulted in Peter entirely losing the use of his leg. Could the claim by Peter be reduced due to his previous injury? The restaurant was in the shopping mall. As a result, the shopping mall was out of business for 2 days. Could the shopping mall claim against Tom on loss and damage? Assuming Peter succeeded in his claim against the restaurant, what would be the causes of action to seek contribution from Tom?

Answer 1

Peter, as a customer, could claim the injury made by Tom, an employee of the restaurant considering the following reasons.

1. The liability of a person for an act committed by another person and such liability arises when both the parties have some relation. This is termed as vicarious liability. In this case, Tom could claim against the restaurant by vicarious liability as Peter is its employee and has Master-Servant relationship.
2. In such relationship, the employee works on a command of master and he is responsible for the loses or damages made to the customer with or without intentions.

Conditions to be followed for the vicarious liability:

• The servant has committed an act which leads to a tort.
• Such tortious act done by the employee during his working hours.

With this note, it is clearly shows that the customer could claim against the restaurant on his injury which was not intentionally made by the employee.

Further, Peter could claim additionally to Tom as he could not use his legs because of the accident happened.

The restaurant which is been located in a Shopping mall was said to be closed for two business days. To which, the restaurant owner held responsible for the loses happened to the entire shopping mall. As a result, keeping Tom at work in future is the restaurant's ownown discretion.