lähetysvastusperiaatteeseen

The principle of vicarious liability, known in Finnish as lähetysvastuuperiaate, is a legal concept where one party can be held responsible for the actions of another, even if the first party was not directly involved in the wrongdoing. This principle is most commonly applied in employer-employee relationships. An employer can be held liable for the negligent or wrongful acts of their employee, provided these actions were committed within the scope of employment.

The rationale behind this doctrine is multifaceted. It encourages employers to exercise greater care in selecting, training, and supervising their employees, thereby promoting safer workplaces and services. It also ensures that injured parties have a financially solvent party to seek recourse from, as employers are typically better equipped to compensate for damages than individual employees.

The application of lähetysvastuuperiaate typically requires establishing an employer-employee relationship and demonstrating that the employee's actions, though wrongful, were related to their job duties. This does not mean the employer must have authorized or approved the wrongful conduct. Instead, the focus is on whether the act occurred while the employee was performing tasks for the employer's benefit or under the employer's direction. There are often exceptions and limitations to this principle, depending on the specific jurisdiction and the nature of the employee's actions.