8

Vicarious Liability

Introduction

Vicarious liability is a topic that is regularly tested by examiners, either as a question in its own right or as part of a question on (say) negligence or employers’ liability. Note that it is not a separate tort, but rather deals with who can be liable. Course of employment and express prohibitions are areas that are especially popular with examiners but, in all vicarious liability questions, it is vital to remember that a primary liability between the tortfeasor and the victim must be established before any liability can be transferred.

Question 23

Factor X (FX), an events management company, was contracted ...

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