Certainty in Vicarious Liability: A Quest for a Chimaera?

Morgan, Phillip

doi:10.1017/s000819731600043x

Cited by 3 publications

(1 citation statement)

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“…154 Such a view is shared by many UK academics, who fear that, far from seeking a close connection, Mohamud suggests that vicarious liability may arise simply because the employment provides an opportunity for the commission of the wrongful act. 155 We may also contrast the willingness of English tort law to embrace enterprise risk for vicarious liability with its reluctance to permit claims against public bodies such as the police for negligent investigations. 156 If vicarious liability is regarded as an exception to corrective (fault-based) liability, how can we accept its ongoing extension to cover claims for which even 10 years ago no court would have considered its imposition?…”

Section: Impact On Tort Law Generallymentioning

confidence: 99%

Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia: Vicarious Liability, Non-Delegable Duties and Statutory Intervention

Giliker

2018

C.L.J.

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This paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.

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Section: Impact On Tort Law Generallymentioning

confidence: 99%

Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia: Vicarious Liability, Non-Delegable Duties and Statutory Intervention

Giliker

2018

C.L.J.

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Vicarious liability and the beautiful game – liability for professional and amateur footballers?

Morgan

2018

Legal stud.

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Vicarious liability has a greater reach within both professional and amateur football than previously thought. The newly-expanded doctrine has opened up vicarious liability for amateur players, and within grassroots teams. A greater range of torts may also now trigger vicarious liability, such as acts of on and off-pitch violence. The Football Association will need to review the scope of the National Game Insurance Scheme, which significantly lags behind this expanded exposure to vicarious liability.Examining vicarious liability in the context of football also reveals significant problems with the current approach to vicarious liability within unincorporated associations. This category developed in the context of institutional abuse within highly-organised religious institutions; it does not mean that this category of vicarious liability should be applied to grassroots sporting organisations in the same way. For instance there is scope to apply a different test at stage two. It is argued that the courts will need to tighten up this category so as not to unnecessarily expose members of grass roots organisations to vicarious liability which is able to be executed against their personal assets. Both amateur and professional clubs may also wish to carefully consider their selection of players.

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Organisations and Their Enterprise in UK Criminal Law and in International Law

Amatrudo

2018

Criminal Actions and Social Situations

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Certainty in Vicarious Liability: A Quest for a Chimaera?

Cited by 3 publications

References 0 publications

Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia: Vicarious Liability, Non-Delegable Duties and Statutory Intervention

Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia: Vicarious Liability, Non-Delegable Duties and Statutory Intervention

Vicarious liability and the beautiful game – liability for professional and amateur footballers?

Organisations and Their Enterprise in UK Criminal Law and in International Law

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