Vicarious Liability: Lessons from three recent cases

Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …
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Vicarious Liability: Is the connection close enough?

Jonathan Wheeler reviews the case law in the last 12 months A set of recent cases from 2012 have been concerned with establishing whether there is a relationship giving rise to vicarious liability on the part of the defendant at all. Vicarious liability is a doctrine of strict liability on the part of a defendant …
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Vicarious Liability: Overworked and under attack

Chris Gutteridge contemplates recent decisions of the Court of Appeal on an employer’s liability for injuries sustained by employees who are victims of violence while at work The trial judge was entitled to conclude that the failure to provide full-time guarding did not amount to a failure to take reasonable care for the safety of …
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Violence At Work: Considering the boundaries of vicarious liability

The Court of Appeal has considered the circumstances in which employers are responsible for violent acts committed by their employees, reports Fiona Clark ‘Two recent cases highlight that employers’ liability is likely to be more extensive than many of them will have anticipated. Both involved a violent reaction by an employee to an employer’s lawful …
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Case Report: Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd

Vicarious liability; assault; acting in course of employment ‘Recent authorities have highlighted the need to adopt a broad view of the nature of employment and what is reasonably incidental to an employee’s duties under it.’ This case concerns two contrasting decisions in conjoined appeals and addresses when an employer will be vicariously liable for anemployee’s …
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