their employees? When will an employer be held vicariously liable for torts
committed by their independent contractors?
They are held liable if the tort occurs inside the employment relationship. If it is
outside of that relationship, they are not liable. Such as when a employee uses a
company truck off the clock to get groceries, and crashed into someone when driving
An employer will be held vicariously liable for an independent contractor if it is
proven that they are an employee.
How does the vicarious liability of an employer affect the personal liability
of an employee?
It does not relieve the employee of personal liability, as if a person sues both the
employer and employee and wins the claim, they may demand payment from either
one. However, if they demand from the employer, the employer can legally demand
the payment from the employee. This is rarely done though, as employees probably
don't have a lot of money and it would destroy morale in the workplace.
Are compensatory damages calculated in the same way in both tort and
contract? Explain your answer.
They are not, in tort law, compensatory damages are backwards looking, in that they
try to award on the basis of what you have had. While contract damages are
awarded forward looking, what would you have had if the contract had been
Explain the relationship between compensatory damages and the concept
Damages will only be awarded if the tort is found to not be to remote. In that a judge
will look at the case and see if a reasonable person in the defendant's position would
have realized what the activity would have done to the plaintiff. If it is unfair to hold
the defendant responsible than no damages will be awarded and is said to be to
"Courts often refuse to award punitive damages. In most cases, they
refuse to do so because the defendant failed to fulfill the duty to mitigate."
Is that statement true? Explain your answer.
This is a false statement, courts usually do not award punitive damages in Canada,
this is due to the fact that it must be an exceptional circumstance. Usually when the
defendant has acted harshly, vindictively, or maliciously.