Legal persons' compensation liability for damages caused by their persons, workers, and apprentices

Abstract

Legal persons' compensation liability for damages caused by their persons, workers, and apprentices is a crucial institution in tort law in various jurisdictions, requiring legal persons to be liable for damages caused by their workers and contractors to other persons’ legitimate rights and interest. Although incorporated into the Vietnamese Civil Code in Articles 597 and 600, the institution’s legal nature and elements of liability are still ambiguous, causing difficulties in trial practise. From a doctrinal perspective and in comparison with English and German tort laws, this article explains the core theories of this institution based on two approaches: fault-based self liability and vicarious liability. The article then analyses relevant provisions and practical issues relating to this institution in various cases and proposes several directions for future improvement.