- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index
(p. 442) 16. Vicarious liability
- Chapter:
- (p. 442) 16. Vicarious liability
- Author(s):
Lee Roach
- DOI:
- 10.1093/he/9780198748380.003.0016
This chapter examines the doctrine of vicarious liability. It explains that vicarious liability is not a tort in its own right, but is a means whereby a party can be held liable for the tortious acts of another. Vicarious liability can arise through a number of relationships, the most common being that of employer and employee. The traditional requirements for vicarious liability are discussed, namely (i) the existence of an employer–employee relationship; (ii) the employee must have committed a tort; and (iii) the tort must have been committed in the course of the employer’s business. Finally, the chapter looks at defences available to an employer who has been held vicariously liable for the acts of an employee.
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- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index