VICARIOUS LIABILITY

Q Understand the basic meaning of vicarious liability Q Understand the purposes and justifi cations for imposing vicarious liability Q Understand the tests for establishing employment status Q Understand the circumstances in which an employer will and will not be liable for

the acts and omissions of his employee Q Be able to critically analyse the area Q Be able to apply the law to factual situations and reach conclusions as to liability

18.1 Origins, purposes and criticisms Vicarious liability is not an individual tort in the way that we have looked at other torts such as negligence or nuisance. It is a means of imposing liability for a tort onto a party other than the tortfeasor, the party causing the tort.