Vicarious liability: critique and reform - Volume 28

Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked.

They are being held liable for an employee's criminal activity.

In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors.

The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability.

This book subjects this theory to strong critique arguing that it has many weaknesses, which the courts should acknowledge.