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The Use and Abuse of the Doctrine of Vicarious Liability

McIvor, Claire (2006) The Use and Abuse of the Doctrine of Vicarious Liability. COMMON LAW WORLD REVIEW, 35 (4). pp. 268-296. ISSN 1473-7795

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Identification Number/DOI: 10.1350/clwr.2006.35.4.268

Through an analysis of recent case law, this article seeks to highlight the flaws in the current English law approach to the doctrine of vicarious liability. Focusing on the new ‘close connection’ test for determining the ‘course of employment’ requirement, it argues that the recent expansion of employer’s no-fault liability for the acts of employees has been founded upon a set of principles that are not only theoretically unsound, but also unjustifiable by reference to the normative background of the doctrine of vicarious liability. The article further argues that the judicial reasoning used in these cases indicates fundamental
confusion about the nature of the distinction between direct and vicarious liability, and a particular lack of understanding about the concept of the non-delegable duty.

Type of Work:Article
Date:November 2006 (Publication)
School/Faculty:Schools (1998 to 2008) > School of Law
Department:School of Law
Subjects:KD England and Wales
K Law (General)
Institution:University of Birmingham
Copyright Holders:Vathek Publishing
ID Code:171
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