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(p. 442) 16. Vicarious liability 

(p. 442) 16. Vicarious liability
Chapter:
(p. 442) 16. Vicarious liability
Author(s):

Lee Roach

DOI:
10.1093/he/9780198748380.003.0016
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date: 13 December 2019

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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