Delict Essay
Jane works for SureSupermarket. One of her colleagues Robert is very unpleasant to her about her background because she is not Scottish. She has made complaints to the managements on frequent occasions. They do nothing about it. The behaviour escalates and Jane is seriously injured by Robert while at work. She wants to claim against SureSupermarket.
Please outline what legal aspects would be relevant in advising her if she might be successful.
You should explain your understanding of vicarious liability with specific reference to facts in this question. You should consider the case of Elena Vaickuviene and others v J. Sainsbury PLC
https://www.scotcourts.gov.uk/search-judgments/judgment?id=8c5886a6- 8980-69d2-b500-ff0000d74aa7
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