Why vicarious liability must be abandoned

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2011) Why vicarious liability must be abandoned. Australian Business Law Review, 39 (2). pp. 67-84. ISSN 0310-1053


Abstract

This article calls for a reconsideration of the doctrine of vicarious liability. I argue that the doctrine has become separated from its original rationale, not explicable in terms of any single coherent philosophical principles, and requires difficult and arbitrary lines to be drawn that don't fit the realities of the modern workplace. The doctrine is not consistent with other developments in Australian tort law in recent times.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited: 15 Apr 2011 01:34
Last Modified: 24 Aug 2014 23:33
Uncontrolled Keywords: vicarious liability; control; employee; independent contractor; strict liability
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480605 Tort law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
URI: http://eprints.usq.edu.au/id/eprint/18903

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