TORT LAW CLASS NOTES
W11 - VICARIOUS LIABILITY AND REMEDIES
Readings
* McBride and Bagshaw, pp 829-858
* Cox v Ministry of Justice [2016] UKSC 10, [2016] AC 660
* Mohamud v Wm Morrison Supermarkets Plc[2016] UKSC 11, [2016] AC 677
Armes v Nottinghamshire County Council [2017] UKSC 60
Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670
Neyers, ‘A Theory of Vicarious Liability’ (2005) 43 Alberta Law Journal 1
Stevens, Torts and Rights (OUP, 2007), 257-274
* McBride and Bagshaw, pp 723-737, 744-747, 755-769, 810-818
Rookes v Barnard [1964] AC 1129 (HL)
Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29, [2002]
2 AC 122
* Law Reform (Miscellaneous Provisions) Act 1934, s 1
* Fatal Accidents Act 1976, ss 1, 1A, 2, 3, 4, 5
QUESTIONS
1. What is vicarious liability? Who does vicarious liability benefit? What
arguments have been offered in support of vicarious liability? Are these
arguments successful?
It Is liability for other people's conduct.
An odd, but Important aspect of tort law. It allows C to sue D for torts
committed by someone else. When does the law do this? The courts
say there are 2 things dependant on this:
o There has to be the right sort of relationship between the two
parties,
o There has to be the right sort of connection between one parties
tort and that relationship.
The right sort of relationship means…?
o A relationship 'akin to employers'. Someone to pay delivery for
your Uber EATS food for example, or taxi. they are doing their
job for you just at that time but are not literally your employer.
Between Ministry of Justice, which runs prisons, and
prisoner doing paid but non-voluntary, work In a prison
kitchen (Cox v MoJ).
T 'carries on activities as an Integral part of the business
activities' of D, rather than Ts activities being entirely
attributable to the conduct of a reasonably Independent
business of his own or of a 3rd party' (Lord Reed)
W11 - VICARIOUS LIABILITY AND REMEDIES
Readings
* McBride and Bagshaw, pp 829-858
* Cox v Ministry of Justice [2016] UKSC 10, [2016] AC 660
* Mohamud v Wm Morrison Supermarkets Plc[2016] UKSC 11, [2016] AC 677
Armes v Nottinghamshire County Council [2017] UKSC 60
Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670
Neyers, ‘A Theory of Vicarious Liability’ (2005) 43 Alberta Law Journal 1
Stevens, Torts and Rights (OUP, 2007), 257-274
* McBride and Bagshaw, pp 723-737, 744-747, 755-769, 810-818
Rookes v Barnard [1964] AC 1129 (HL)
Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29, [2002]
2 AC 122
* Law Reform (Miscellaneous Provisions) Act 1934, s 1
* Fatal Accidents Act 1976, ss 1, 1A, 2, 3, 4, 5
QUESTIONS
1. What is vicarious liability? Who does vicarious liability benefit? What
arguments have been offered in support of vicarious liability? Are these
arguments successful?
It Is liability for other people's conduct.
An odd, but Important aspect of tort law. It allows C to sue D for torts
committed by someone else. When does the law do this? The courts
say there are 2 things dependant on this:
o There has to be the right sort of relationship between the two
parties,
o There has to be the right sort of connection between one parties
tort and that relationship.
The right sort of relationship means…?
o A relationship 'akin to employers'. Someone to pay delivery for
your Uber EATS food for example, or taxi. they are doing their
job for you just at that time but are not literally your employer.
Between Ministry of Justice, which runs prisons, and
prisoner doing paid but non-voluntary, work In a prison
kitchen (Cox v MoJ).
T 'carries on activities as an Integral part of the business
activities' of D, rather than Ts activities being entirely
attributable to the conduct of a reasonably Independent
business of his own or of a 3rd party' (Lord Reed)
