spurs9393
Badges: 13
Rep:
?
#1
Report Thread starter 6 years ago
#1
Hi,
Writing an essay on vicarious liability and I've been told tomention about a man of straw? What does this mean? Thanks
0
reply
CatnipGlows
Badges: 20
Rep:
?
#2
Report 6 years ago
#2
It's a legal term, you should learn it in your studies.

http://dictionary.law.com/Default.aspx?selected=2026

http://legal-dictionary.thefreedictionary.com/Straw+Man
0
reply
spurs9393
Badges: 13
Rep:
?
#3
Report Thread starter 6 years ago
#3
Im doing GCSE Law so don't really understand what this means! How would I use this as a criticism of vicarious liability?
0
reply
Inazuma
Badges: 20
Rep:
?
#4
Report 6 years ago
#4
(Original post by spurs9393)
Im doing GCSE Law so don't really understand what this means! How would I use this as a criticism of vicarious liability?
I study law as a degree and never heard this term.. (oops?)
Anyway - looking over the definition I'd suppose that you could criticise it on the basis that a company who is vicariously liable might be able to absolve or avoid liability by using a 'straw man' - essentially by either misleading or hiding the true culprit. It's much harder to impose liability if you have no real defendant, or they turn out to be false.
I'd consult your teacher but that's what I can think of.
1
reply
Forum User
Badges: 19
Rep:
?
#5
Report 6 years ago
#5
A man of straw is someone who isn't worth suing because they have no, or few assets, or at least, can't satisfy a judgement against them. It's not the same thing as a 'straw man'.

Consider the following example. X is employed as a rubbish collector by D county council. X drives one of D's lorries. One day X, collecting rubbish while drunk, crashes his lorry into C's factory, causing £5m worth of damage. Now C could clearly sue X in negligence for the damage caused. But X is a rubbish collector. The chances of him having £5m to pay the damages is minuscule. He is a 'man of straw'. However, C can sue D, who is vicariously liable for X as his employer (given that X was acting in the course of his duties, etc etc). D county council will certainly have £5m to pay the damages. D will have a claim against X as well, after paying £5m to C, but they won't get much joy out of that. [In practice it might be C's insurers claiming against D's insurers, but that doesn't affect the underlying idea].

You can imagine that the situation comes up a lot in vicarious liability cases. Individual employees may be (a) relatively poor, and (b) in a position where they can cause a lot of damage. They will often be unable to meet claims against them. The employer on the is much more likely to be able to pay.
1
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

What support do you need with your UCAS application?

I need help researching unis (12)
13.48%
I need help researching courses (7)
7.87%
I need help with filling out the application form (5)
5.62%
I need help with my personal statement (36)
40.45%
I need help with understanding how to make my application stand out (23)
25.84%
I need help with something else (let us know in the thread!) (2)
2.25%
I'm feeling confident about my application and don't need any help at the moment (4)
4.49%

Watched Threads

View All