The Widening Gyre of Vicarious Liability

Torts Law Journal, pp. 144-161, 2009

16 Pages Posted: 21 Mar 2012

See all articles by Susan Watson

Susan Watson

University of Auckland Faculty of Law

Chris Noonan

University of Auckland - Faculty of Law

Date Written: March, 19 2012

Abstract

In Nathan v Dollars & Sense Ltd, the New Zealand Supreme Court extended vicarious liability to agency relationships not involving employment. The Court considered the circumstances when a principal would be vicariously liable for the acts of an “agent” who is not a servant or partner or who has not been specifically authorised to perform the act in question. The Court also considered when someone who is vicariously liable for the acts of another would be held liable for fraud on the part of the other. The approach of the New Zealand Supreme Court was novel: the Court widened the scope of vicarious liability, extending vicarious liability to agents, and imposed liability on a principal who asked an agent to perform a task where there was an inherent risk for third parties

Keywords: tort, vicarious liability

Suggested Citation

Watson, Susan Mary and Noonan, Chris, The Widening Gyre of Vicarious Liability (March, 19 2012). Torts Law Journal, pp. 144-161, 2009. Available at SSRN: https://ssrn.com/abstract=2026269

Susan Mary Watson (Contact Author)

University of Auckland Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

Chris Noonan

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

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