ABSTRACT
When and why is a principle liable for the wrongful acts of its agents? This question has garnered many responses amongst academic writers, sometimes quite different ones. Nor does the case-law speak with one voice. This paper aims to explain why there is such a diversity of answers and to bring to the fore some of the assumptions that these answers hinge on. Two reasons are most prominent. First, the question may be understood in two quite different ways, adopting either a ’catalogue’ approach or a ‘distinctive’ approach. Second, even amongst those who adopt a ‘distinctive’ approach, they differ as to which features of agency are most relevant. The aim of this article is thus clarificatory: it aims not to prescribe a particular solution to the general question, but to advance our understanding of why certain answers have been advanced, with a view to a more productive discussion.
Leow, Rachel, A Principal’s Liability for the Wrongful Acts of its Agents (June 26, 2024), LSE Legal Studies Working Paper No 13/2024.
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