Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, riot, crime, plague, or an event described such as a hurricane, flood, earthquake, volcanic eruption, etc.), that is unforeseeable, out of the reasonable control of the parties to a contract and which makes it …
“But it wasn’t me” doesn’t cover it
As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful acts or omission of its employees. The difficult issue which one needs to examine when dealing with these sorts of cases is to establish whether the wrongful act arose in the course of the employee’s duties. The Supreme Court of …