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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 60524. Vicarious liabilitylocked

p. 60524. Vicarious liabilitylocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the provisions of tort law on vicarious liability. It discusses the distinction between employees and independent contractors and explains that an employer is liable ordinarily only for the torts of his employees. However, the courts have started to impose vicarious liability with respect to other types of relationship that are ‘akin to employment’. In all cases, the tort should have been committed either in the course of employment or with sufficient connection to the employment. The chapter considers also the breach of non-delegable duty. Finally, it considers various justifications for the imposition of stricter liability in tort law.

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