Responsibility Without Fault: Bazley V Curry

Canadian Bar Review, Vol. 29, 2000

21 Pages Posted: 17 Jul 2008

See all articles by Margaret Isabel Hall

Margaret Isabel Hall

Thompson Rivers University - Faculty of Law

Abstract

Vicarious liability- an employer's liability for the torts of its employee-involves (in both definition and application) a balance between two fairnesses: fairness to the innocent third party who has suffered a loss, and fairness to the faultless employer who should not be unfairly burdened with liability for events wholly outside its control. The question of how to effect this balance is at the centre of the Supreme Court of Canada's decision in Bazley v Curry, which sets out guiding principles in the form of a two part test to bring both consistency and policy sensitive flexibility to this often difficult determination.

Keywords: vicarious liability, tort, canada, sexual abuse

Suggested Citation

Hall, Margaret Isabel, Responsibility Without Fault: Bazley V Curry. Canadian Bar Review, Vol. 29, 2000. Available at SSRN: https://ssrn.com/abstract=907669

Margaret Isabel Hall (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada
604 518 3136 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
228
Abstract Views
1,521
rank
136,341
PlumX Metrics