Responsibility Without Fault: Bazley V Curry
Canadian Bar Review, Vol. 29, 2000
21 Pages Posted: 17 Jul 2008
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
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