Private Law Theory

Abstract:
In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non-delegable duty when foster parents sexually or physically abuse a child that it has placed in their care. The note discusses the decision in the light of recent developments in the law. It is argued that the result is unsatisfactory in terms of doctrine and policy. It is further suggested that non-delegable duty, rather than vicarious liability, offers the most appropriate route for establishing liability.

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Stelios Tofaris, Vicarious Liability and Non-Delegable Duty for Child Abuse in Foster Care: A Step Too Far? Modern Law Review, Volume 79, Issue 5, September 2016, Pages 884–900.

First posted 2016-09-02 06:01:31