Vicarious liability imposes strict liability on one defendant (the second defendant) for the torts of the first defendant where: (1) Stage One: the relationship between the second defendant and the first defendant is one which makes it proper for the law to make the one pay for the fault of the other; and (2) Stage Two: the tort committed by the first defendant is sufficiently connected with, or linked to, the parties’ relationship that it can be regarded as committed in the course of the first defendant’s employment. Both stages of this test have been addressed by the UK and Australian courts in recent years as they seek to determine the scope of vicarious liability …
Paula Giliker, Vicarious liability in the UK Supreme Court and High Court of Australia – Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15; CCIG Investments Pty Ltd v Schokman [2023] HCA 21, Legal Studies. DOI: https://doi.org/10.1017/lst.2023.38. Published online by Cambridge University Press: 9 January 2024.
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