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Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
Vicarious liability, course of employment, close connection Lister v Hesley Hall Ltd [2001] UKHL 22 is an English tort law case, creating a new precedent for finding where an employer is vicariously liable for the torts of their employees.
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties. [ 1 ]
Morris v CW Martin & Sons Ltd [1966] 1 QB 716 is an English tort law case, establishing that sub-bailees are liable for the theft or negligence of their staff. Both Lord Denning and Diplock LJ rejected the idea that a contract need exist for a relationship of bailor and bailee to be found.
However, in the case of vicarious liability, the employer is liable without personal fault. The fault in question is the employee's. The employer thus stands fully in the shoes of the negligent employee as regards both aspects of responsibility: see Dubai Aluminium Co Ltd [2002] UKHL 48, [2003] 2 AC 366 at paras 47 and 160.
The contemporary rationale of employers' vicarious liability is as applicable to this new wrong as it is to common law torts. 28. Take a case where an employee, in the course of his employment, harasses a non-employee, such as a customer of the employer.
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