hi.
Have spent the afternoon doing my due diligence.
Came across this which,as i had not seen before and found a very
interesting piece of info.
https://www.supremecourt.uk/cases/docs/uksc-2014-0087-judgment.pdf Grounds of appeal[sic]
9.
In this court the claimant’s primary argument was that the time has come for
a new
test of vicarious liability.
In place of the “close connection” test the courts
should apply a broader test of “representative capacity”. In the case of a
tort
committed by an employee, the decisive question should be whether a reasonable
observer would consider the employee to be acting in the capacity of a representative
of the employer at the time of committing the tort. A company should be liable for
the
acts of its human embodiment. In the present case, Mr Khan was the company’s
employed representative in dealing with a customer. What mattered was not just the
closeness of the connection between his duties to his employer and his tortious
conduct, but the
setting which the employer had created. The employer created the
setting by putting the employee into contact and close physical proximity with the
claimant. Alternatively, it was
argued that the claimant should
in any event have
succeeded because he was
a lawful visitor to the premises and Mr Khan was acting
within the field of activities assigned to him in dealing with the claimant.
Sending letters etc with intent to cause distress or anxietyhttp://www.legislation.gov.uk/ukpga/2015/2/section/32/enactedza zda-ró-vye
pitano.1
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit