ABSTRACT
Vicarious liability, therefore, is not a tort; it is a concept used to impose strict liability on a person who does not have primary liability, that is, who is not at fault. Literally it means that one person is liable for the torts of another. The employer is, therefore, liable for the torts of his or her employee. In one sense the concept is at odds with the idea of fault-based loss redistribution since liability is strict and arises out of the existence of a set of circumstances. However, the concept has found favour with courts and claimants alike, because, realistically, the employer is likely to have the money to pay for any claim for damages, whereas the primary tortfeasor, the employee, will usually not.
