‘Vicarious Liability in the Common Law World’

“Vicarious liability, that is strict liability imposed on one party for the torts of another, remains controversial. If the role of tort law is to make one party accountable to another for his or her wrongful and harmful behaviour, why should one party (usually an employer) be held strictly liable for the torts of another (usually an employee) taking place in the course of their employment? It is a question that has troubled the highest courts of common law countries, giving rise to a series of not necessarily consistent judgments …” (more)

[Paula Giliker, BACL, 4 June]

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