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Summary Vicarious Liability PQ Notes (First Class) $3.86
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Summary Vicarious Liability PQ Notes (First Class)

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Comprehensive first class Tort Law PQ notes from University College London (2010/2020). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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  • October 29, 2020
  • 4
  • 2019/2020
  • Summary

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By: ijustwannagraduate • 2 year ago

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Vicarious Liability



a. Introduction
 Where one party is held liable for a tort committed by another
 Requirements:
o D1 has committed a tort
o D1 is D2’s employee or the relationship is akin to employment
o D1’s tort was committed in the course of his employment

b. Justifications for Vicarious Liability
 Various Claimants v Catholic Child Welfare: Lord Phillips: ‘to ensure, so far as it is fair, just
and reasonable, that liability for a tortious wrong is borne by a defendant with the means
to compensate the victim’
 Atiyah: Justified by the principle of loss distribution  costs from vicarious liability are
distributed both internally and externally in the great majority of cases

 Bazley v Curry:
o McLachlin J: Two fundamental concerns are provision of a just and practical
remedy for the harm, and deterrence of future harm
o Provision of a just and practical remedy
 Effective compensation for victims due to defendant’s likely solvency
 Employer has created an enterprise bearing certain risks; when these risks
materialise, only fair that the organisation bears the risk
 Employer is also best posed to spread the losses through mechanisms like
insurance/higher price
o Deterrence of future harm
 Employers are in a position to reduce accidents and intentional wrongs by
effective supervision and organisation
 SC decisions in CCWS supports this rationale

c. Requirement: Employee relationship
 Where the parties are in a contractual relationship most common question is whether
the person is employed under a contract of service (employee) or a contract for services
(independent contractor)

 Factors to consider
o Control
 Lord Phillips, CCWS: Significance of control is that employer directs what
the employee does, not how he does it
o Equipment
 If a worker is required to provide their own equipment  might indicate
that they are an independent contractor

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