Ontario Barrister and Solicitor Practice Exam

Vicarious liability refers to the legal principle whereby an employer is held responsible for the negligent actions of an employee if those actions occur in the course of their employment. This principle is based on the idea that employers have a duty to oversee and direct the actions of their employees and should be accountable for their employee's conduct during work-related activities.

When considering the options, engaging in a personal activity during work hours typically does not fall under vicarious liability. This is because such personal activities are outside the scope of the employee's job duties and do not arise as part of their employment. Therefore, if an employee is not acting in the course of their employment while engaged in a personal matter, the employer generally cannot be held liable for any resulting damages or accidents.

In contrast, when an employee is conducting routine tasks, involved in a business trip, or even making minor errors related to their job duties, these scenarios reflect actions that are generally undertaken within the scope of their employment. Hence, in these cases, an employer could be found liable for the actions of their employee under vicarious liability principles.