Vicarious Liability After Cox v Ministry of Justice - Philippa Luscombe, Penningtons Manches LLP
11/04/16. Vicarious liability has been a topic frequently visited by the courts over the years but the recent conjoined appeals of Cox [2016] UKSC 10 and Mohamud [2016] UKSC 11 have provided the most significant clarification and extension for some time. Vicarious liability originally started as a doctrine applicable only in the context of an employer and employee relationship where the wrongdoer was an employee acting in the course of their employment but has gradually been extended – and these cases both widen its application.
The case of Cox (the subject of this article) focused on what relationship between defendant and wrongdoer could give rise to vicarious liability and Muhamud focused on the connection between that relationship and the actions taken and how that determines where vicarious liability rests...
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