Vicarious Liability

Question 1

Define vicarious liability

Answer 1

Where a third person has legal responsibility for the unlawful actions of another.

Question 2

Where is vicarious liability often found?

Answer 2

In the workplace where the employer is responsible for the actions of his or her employee

Question 3

What is the two main test required to prove vicarious liability?

Answer 3

1. Was the person alleged to have committed the tort an employee?
2. Did the employee commit the alleged tort ‘during the course of his or her employment’?