INTRODUCTION
Vicarious liability is the treatment, regardless of fault, of one defendant as liable for another defendant’s wrong. The two-stage basic inquiry centres on whether (i) the defendants’ relationship is one of employment, or one akin to employment; and (ii) the wrongdoing is so closely connected with acts which the wrongdoer is authorised to do that it may fairly and properly be regarded as done in the course of the defendants’ relationship. This Article concentrates on one relationship giving rise to vicarious liability: the relationship akin to employment, which may also be termed quasi-employment. Since its definitive appellate recognition in E, quasi-employment remains a substantial source of judicial disagreement in England. Litigation has thrice more proceeded to the Court of Appeal. And after five Supreme Court decisions, the latest in 2023, an attempt at clarification and synthesis seems timely …
€ (Westlaw)
Mat Campbell, ‘Vicarious liability: analysing relationships akin to employment’ (2023) 39(4) Professional Negligence 153-164.
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