Article: A frolic in the law of tort: expanding the scope of employers' vicarious liability

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TitleA frolic in the law of tort: expanding the scope of employers' vicarious liability
AuthorsGlofcheski, R
KeywordsLaw - Civil Law
Issue Date2004
PublisherLawbook Co. The Journal's web site is located at http://onlineecom01.thomson.com.au/thomson/Catalog.asp?EES_CMD=SI&EES_ID=100472
CitationTort Law Review, 2004, v. 12, p. 18-39 [How to Cite?]
AbstractThe traditional approach to the imposition of employers' vicarious liability has recently been reconsidered and revised by the Supreme Court of Canada and the House of Lords, in the context of employees' sexual assaults committed against young persons in their charge. Under the new, more flexible approach, vicarious liability can be imposed on the basis of a close connection between the employment and the tort. This change is more than cosmetic. It is no longer necessary to show that the employee's wrongful act was a mode of carrying out the employment duties. This article reviews the case law in which this development has taken place, and considers the appropriateness of the close connection principle to cases of negligence-based torts.
ISSN1039-3285
SSRN1815884
DC Field
Value
dc.contributor.authorGlofcheski, R
dc.date.accessioned2010-08-03T08:06:29Z
dc.date.available2010-08-03T08:06:29Z
dc.date.issued2004
dc.description.abstractThe traditional approach to the imposition of employers' vicarious liability has recently been reconsidered and revised by the Supreme Court of Canada and the House of Lords, in the context of employees' sexual assaults committed against young persons in their charge. Under the new, more flexible approach, vicarious liability can be imposed on the basis of a close connection between the employment and the tort. This change is more than cosmetic. It is no longer necessary to show that the employee's wrongful act was a mode of carrying out the employment duties. This article reviews the case law in which this development has taken place, and considers the appropriateness of the close connection principle to cases of negligence-based torts.
dc.description.naturepostprint
dc.identifier.citationTort Law Review, 2004, v. 12, p. 18-39 [How to Cite?]
dc.identifier.epage39
dc.identifier.hkuros88716
dc.identifier.issn1039-3285
dc.identifier.openurl
dc.identifier.spage18
dc.identifier.ssrn1815884
dc.identifier.urihttp://hdl.handle.net/10722/65433
dc.identifier.volume12
dc.languageeng
dc.publisherLawbook Co. The Journal's web site is located at http://onlineecom01.thomson.com.au/thomson/Catalog.asp?EES_CMD=SI&EES_ID=100472
dc.relation.ispartofTort Law Review
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License
dc.subjectLaw - Civil Law
dc.titleA frolic in the law of tort: expanding the scope of employers' vicarious liability
dc.typeArticle