|
Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Four basic causes of action may arise from such a scenario: negligent hiring, negligent retention, negligent supervision and negligent training. While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. ==Negligence== As with all negligence claims, the claimant must prove: *That the defendant (in this case, the employer) owed them a duty of care; *That this duty was breached; and *That the claimant was injured as a result of the breach.〔Feliu & Johnson, ''Negligence in Employment Law'' ISBN 1-57018-263-9, ISBN 978-1-57018-263-1 (2002) p. 33.〕 (see Causation (law); Causation in English law). In order for such a duty to exist, the injury to the claimant must be "reasonably foreseeable",〔see Negligence; Donoghue v Stevenson〕 meaning, for example, that the type of employment must be one in which an unfit employee could cause harm of the type which occurred,〔 and the claimant is the type of person to whom such harm would be a "reasonably foreseeable consequence".〔''See, e.g.'', The Wagon Mound (No 2).〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Negligence in employment」の詳細全文を読む スポンサード リンク
|