Accountability of Public Authorities Through Contextualized Determinations of Vicarious Liability and Non-Delegable Duties
University of New Brunswick Law Journal, Vol. 57, p. 46, 2007
Posted: 22 Sep 2011 Last revised: 18 Oct 2011
Date Written: September 22, 2011
This paper focuses on those persons who suffer injuries from another's performance of contracted government services and whom may not have access to effective remedies because of narrow and de-contextualized constructions of when vicarious liability and breach of non-delegable duties arise. The need to protect such victims is becoming increasingly desperate given the growing reliance on non-standard (outsourced) employees to fulfil governmental functions on-standard workers are not classified as employees. Hence, the employer is not vicariously liable for the torts of non-standard workers unless the delegated work entails non-delegable duties. Yet, many of the non-standard workers are not truly independent contractors - they are in no different situations than employees in relation to their ability to internalize costs associated with their work and compensate those injured in the course of its performance.
Keywords: Vicarious Liability, Government Liability, Independent Contractors, Foster Parents
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