Arbetstagares handlingar utförda i tjänsten : Principalansvarets begränsning i skadeståndslagen

Detta är en Uppsats för yrkesexamina på avancerad nivå från Uppsala universitet/Juridiska institutionen

Författare: Harald Wiginder; [2024]

Nyckelord: Skadeståndsrätt; Principalansvar;

Sammanfattning: According to Swedish law, the employer's vicarious liability is regulated in Chapter 3, paragraph 1 of the Tort Liability Act. According to this paragraph, employers are liable for damages and injuries caused by employees in the course of their employment. The vicarious liability has several important functions, such as ensuring that injured parties receive compensation for damages or injuries caused by employees and encouraging employers to take preventive action to ensure that employees do not cause damages or injuries. Since vicarious liability has a significant impact on the ability of individuals to obtain compensation, or the obligation to compensate, its reach is an important issue not only for employers. The focus of the essay is on the limitation of the vicarious liability that the criterion "in the course of the employment" constitutes. The objective of the essay is to investigate and analyse how this criterion should be assessed in Swedish law.  The investigation is mainly made through a closer look into the preparatory works and case law of the subject. Which actions are performed "in the course of employment" varies depending on the circumstances in the specific case. When assessing the circumstances, some factors are more important than others. By identifying these factors, it is easier to know how restrictive or extensive "in course of the employment" should be interpreted. Of less importance for the interpretation of "in the course of the employment" is which category the damage or injury belongs to.  

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