Vicarious liability evaluation

  • Created by: __Jess
  • Created on: 08-12-22 09:32

Vicarious liability evaluation


  • Gives the victim a just and practical remedy.
  • Deters employers from allowing substandard practice.
  • Akin to employment test ensures that people who should be liable, will be.


  • Principle contradicts the concept of fault-based liability.
  • Inconsistent ruling for Smith v Stages and Hilton v Thomas Burton
  • Working from home has become more prevalent, and law has not kept up with this.


Vicarious liability has improved over the years to be more compatible with modern life, however it still doesn't consider many very recent societal developments. Whilst it provides claimants with more money, and a fair way to claim, lots of the rulings are inconsistent, so a victim may not decide to claim.




Everything should be clearly considered so that the amount spent should not be exceeded.

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