Vicarious Liability: The Times, They Are a-Changing - Thea Wilson, 12 King's Bench Walk
15/10/13. “[Vicarious liability] is not a static concept and has adjusted over the centuries to provide just solutions to the challenges of changing times. And times are still a-changing … We need to adapt to the current demands.” - E v English Province of Our Lady of Charity and another per Ward LJ.
Introduction
Vicarious liability is a long-established doctrine of English law; dating back at least as far as the seventeenth century. The doctrine was “founded in policy rather than conceptualistic reasoning” and essentially creates strict liability of employers for their employees’ acts because for policy reasons it is considered right to impose liability. As with many areas of the common law, the doctrine has always been in a state of evolution, but this has particularly been the case over recent years.
There are essentially two tests to be considered in a case involving vicarious liability. First, whether the relationship between the defendant and the tortfeasor is...
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