Podcast
Questions and Answers
When did the doctrine of vicarious liability have its core elements determined?
When did the doctrine of vicarious liability have its core elements determined?
- In the post-Victorian era
- In the early common law era
- In the present century
- In the Victorian era (correct)
What has been happening to the reach of the doctrine of vicarious liability since the start of the present century?
What has been happening to the reach of the doctrine of vicarious liability since the start of the present century?
- It has been expanding gradually
- It has been expanding markedly (correct)
- It has remained the same
- It has been shrinking
What is the main difference between a standard duty and a non-delegable duty?
What is the main difference between a standard duty and a non-delegable duty?
- The type of relationship involved
- The extent of liability
- The extent of responsibility to ensure care is taken by another person (correct)
- The level of care required
What is the purpose of examining the concept of the non-delegable duty in relation to vicarious liability?
What is the purpose of examining the concept of the non-delegable duty in relation to vicarious liability?
What is the 'close connection test' related to in the context of vicarious liability?
What is the 'close connection test' related to in the context of vicarious liability?
What is the ultimate aim of the article?
What is the ultimate aim of the article?
What was the primary responsibility of the local authority according to Lord Reed?
What was the primary responsibility of the local authority according to Lord Reed?
What is a key difference between the law of negligence and the position of public authorities in tort?
What is a key difference between the law of negligence and the position of public authorities in tort?
What is a factor that can point in favour of liability, according to Lord Reed?
What is a factor that can point in favour of liability, according to Lord Reed?
What is the significance of the local authority's statutory duties and powers in relation to vicarious liability?
What is the significance of the local authority's statutory duties and powers in relation to vicarious liability?
What is the relevance of the local authority's 'deeper pockets' in the context of liability?
What is the relevance of the local authority's 'deeper pockets' in the context of liability?
What is the significance of the foster parents in relation to the local authority's child care services?
What is the significance of the foster parents in relation to the local authority's child care services?
What is the main focus of the inquiry in the High Court?
What is the main focus of the inquiry in the High Court?
What type of misconduct is considered a wrongful mode of doing authorised work?
What type of misconduct is considered a wrongful mode of doing authorised work?
Who delivered a brief concurring judgment in the case?
Who delivered a brief concurring judgment in the case?
What did the Supreme Court of Canada hold regarding the relationship between a bishop and a priest in a diocese?
What did the Supreme Court of Canada hold regarding the relationship between a bishop and a priest in a diocese?
What was the outcome of the case concerning the sexual abuse at the Prince Alfred College?
What was the outcome of the case concerning the sexual abuse at the Prince Alfred College?
What was the test expressed by Ward LJ in the E v English Province of Our Lady of Charity case?
What was the test expressed by Ward LJ in the E v English Province of Our Lady of Charity case?
Why did the claimant seek to have the limitation period for bringing an action extended?
Why did the claimant seek to have the limitation period for bringing an action extended?
In what year did the Supreme Court of Canada make the decision in the 2004 SCC 17 case?
In what year did the Supreme Court of Canada make the decision in the 2004 SCC 17 case?
What was the result of the settlement offered by the Prince Alfred College?
What was the result of the settlement offered by the Prince Alfred College?
What was the result of the English Court of Appeal's decision in E v English Province of Our Lady of Charity?
What was the result of the English Court of Appeal's decision in E v English Province of Our Lady of Charity?
What was the position of the tortfeasor in the E v English Province of Our Lady of Charity case?
What was the position of the tortfeasor in the E v English Province of Our Lady of Charity case?
What was the relationship between the tortfeasor and the bishop in the E v English Province of Our Lady of Charity case?
What was the relationship between the tortfeasor and the bishop in the E v English Province of Our Lady of Charity case?
What is the basis of Lord Macnaghten's decision on principal liability?
What is the basis of Lord Macnaghten's decision on principal liability?
In what case did the UK Supreme Court recognize the close connection test?
In what case did the UK Supreme Court recognize the close connection test?
What was the outcome of the Mohamud v WM Morrison Supermarkets plc case?
What was the outcome of the Mohamud v WM Morrison Supermarkets plc case?
What was the occupation of the defendant's employee in the Mohamud v WM Morrison Supermarkets plc case?
What was the occupation of the defendant's employee in the Mohamud v WM Morrison Supermarkets plc case?
What did the claimant want to do in the Mohamud v WM Morrison Supermarkets plc case?
What did the claimant want to do in the Mohamud v WM Morrison Supermarkets plc case?
What type of language did the defendant's employee use in the Mohamud v WM Morrison Supermarkets plc case?
What type of language did the defendant's employee use in the Mohamud v WM Morrison Supermarkets plc case?
Study Notes
Vicarious Liability
- The doctrine of vicarious liability has its roots in the early common law, with its core elements determined in the Victorian era.
- The ambit of the doctrine remained fairly settled until around the start of the present century, but since then its reach has been expanding markedly.
Expansion of Vicarious Liability
- The Supreme Court of Canada held that the relationship between a bishop and a priest in a diocese was akin to an employment relationship, and that vicarious liability could be imposed (E v English Province of Our Lady of Charity).
- The Court of Appeal in England also decided that vicarious liability could be imposed, where the tortfeasor bore a sufficiently close resemblance and affinity in character to a true employee (Ward LJ).
Conditions for Vicarious Liability
- The test for vicarious liability is whether the tortfeasor's wrongdoing is a wrongful mode of doing authorised work.
- The question of whether intentional misconduct can be considered a wrongful mode of doing authorised work is more complex.
Non-Delegable Duties
- A non-delegable duty is imposed exceptionally, where the duty is not simply to take care but, more onerously, extends to care being taken by another person to whom the task of performing the defendant's duty has been delegated.
- The concept of non-delegable duties relates to vicarious liability, and they can overlap in certain circumstances.
Examples of Vicarious Liability
- In Deatons Pty Ltd v Flew, the High Court of Australia held that a school was vicariously liable for the sexual abuse of a pupil by a housemaster.
- In Cox, the House of Lords held that a local authority was not vicariously liable for the abuse of a child in foster care.
- In Armes, the Supreme Court held that a local authority was vicariously liable for the abuse of a child in its care.
Policy Concerns
- The expansion of vicarious liability raises policy concerns, including the question of where it ought to stop.
- Factors to consider in determining vicarious liability include the creation of risk, the relationship between the parties, and the nature of the wrongdoing.
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Description
Explore the evolution of vicarious liability, from its roots in early common law to its expanding reach in the present century. This quiz delves into the core elements of the doctrine and its significant changes over time.
