The Travails of Vicarious Liability
5 Pages Posted: 25 Jul 2022
Date Written: January 14, 2019
This article argues that the employment relationship remains central to vicarious liability for most, but not all, torts. It criticised the decision of the England and Wales Court of Appeal in Barclays Bank Plc v Various Claimants  EWCA Civ 1670, a decision that was later reversed by the UK Supreme Court:  UKSC 13. The article also argues that in some circumstances a business owner will expressly or impliedly promise its prospective and actual employees a safe environment. In the case of prospective employees, a firm might promise them that they will not be sexually molested by the doctors the firm uses to conduct medical examinations as part as the job-interview process.
Keywords: Tort, vicarious liability, promise of safe work environment
JEL Classification: K13, K31, K20
Suggested Citation: Suggested Citation