ABSTRACT
The expression ‘vicarious liability’ refers to the situation where D2 is liable to P for damage caused to P by the negligence or other tort of D1. It is not necessary that D2 should have participated in the tort or have been in any way at fault. D2 is liable simply because he stands in a particular relationship with D1. That relationship is normally one of master and servant or, in modern parlance, ‘employer and employee’.
