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VICARIOUS LIABILITY: A modern theory?

29 April 2016  

Tabitha Georghiou and Matthew Ramsey examine the impact of two cases on the existing tests to establish employers’ liability for acts committed by employees or other individuals

In two judgments delivered in March 2016, the Supreme Court has taken a fresh look at the law of vicarious liability. The last comprehensive survey of vicarious liability was in 2012 in the context of the abuse of children in religious institutions – the Christian Brothers litigation. In that case, the Supreme Court imposed liability in order to give the victims an effective remedy.

Additional Info

  • Case(s) Referenced:

    Cox v Ministry of Justice [2016] UKSC 10

    Deatons Pty Ltd v Flew [1949] 79 CLR 370

    Dubai Aluminium Co Ltd v Salaam [2002] UKHL 48

    Lister v Hesley Hall Ltd [2001] UKHL 22

    Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11

    Petterson v Royal Oak Hotel Ltd [1948] NZLR 136

    Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (Christian Brothers)

    Warren v Henlys Ltd [1948] 2 All ER 935

Last modified on 03 May 2016