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Vicarious liability is the liability of an employer for a tort committed by his or her employee. It is a species of strict liability, not premised on any culpable act or omission by the employer. An employer who may have acted blamelessly is made legally answerable for the fault of the employee. Over recent years, and more recently, there have been some major shifts in this area of law, making it a fitting moment for review.
Topics covered:
- The underlying rationale, and
- The provision of a just practical remedy for harm;
- Deterrence of future harm;
- The effect on the test;
- Who are employers vicariously liable for?
- Who is an employee? Agency workers and temporary deemed employees;
- When is an act treated as done in the course of employment?;
- Driving and Assault cases;
- Independent contractors;
- Recent developments, including Majrowski and stress at work claims.
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