A Frolic in the Law of Tort: Expandingthe Scope of Employers' Vicariousliability

University of Hong Kong Faculty of Law Research Paper No. 10722/65433

Tort Law Review, Vol. 12, No. 2, pp. 18-39, 2004

23 Pages Posted: 20 Apr 2011

See all articles by R Glofcheski

R Glofcheski

The University of Hong Kong - Faculty of Law

Date Written: 2004

Abstract

The traditional approach to the imposition of employers' vicarious liability has recently been reconsidered and revised by the Supreme Court of Canada and the House of Lords, in the context of employees' sexual assaults committed against young persons in their charge. Under the new, more flexible approach, vicarious liability can be imposed on the basis of a close connection between the employment and the tort. This change is more than cosmetic. It is no longer necessary to show that the employee's wrongful act was a mode of carrying out the employment duties. This article reviews the case law in which this development has taken place, and considers the appropriateness of the close connection principle to cases of negligence-based torts.

Keywords: Law - Civil Law

Suggested Citation

Glofcheski, Richard A., A Frolic in the Law of Tort: Expandingthe Scope of Employers' Vicariousliability (2004). University of Hong Kong Faculty of Law Research Paper No. 10722/65433, Tort Law Review, Vol. 12, No. 2, pp. 18-39, 2004, Available at SSRN: https://ssrn.com/abstract=1815884

Richard A. Glofcheski (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01247

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