ABSTRACT
This paper will explore agency law in the law of torts, with particular focus on agency law as a way of ascribing vicarious liability. First, the paper attempts to elucidate the differences in usage of agency law when ascribing liability on a defendant. Subsequently, it seeks to show that where an agent is clothed only with general authority, agency law should not be used as a distinct legal test to ascribe vicarious liability on the principal. Finally, it argues that the scope of vicarious liability following developments in case law is sufficiently wide to encompass the lacuna left by the removal of agency law as a way of ascribing vicarious liability.
Fun, Wei Xuan Joel, Agency and Vicarious Liability – Authority, Close Connection, and the Evolving Jurisprudence (June 1, 2019).
First posted 2021-05-15 14:00:14
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