ABSTRACT

This chapter begins by explaining what is meant by vicarious liability: the liability of one person for a tort committed by another. It notes that vicarious liability most commonly arises in the context of liability of an employer for a tort committed by an employee in the course of their employment. It also notes that this has now been extended to apply to torts committed by a person who is in a relationship ‘akin’ to employment. So, the chapter is structured around the elements of vicarious liability: commission of a tort; the necessary relationship – employment or ‘akin’ to employment; and a close connection between the tort and the relationship.