NCJ Number
195381
Date Published
December 2001
Length
150 pages
Annotation
This report conducted a general examination of the principle of vicarious liability as it presently relates to the law of torts and makes recommendations that consider policy issues underlying the principle of vicarious liability.
Abstract
Vicarious liability can be imposed on a person for loss or injury resulting from the wrongdoing of another person, even though the person who is vicariously liable may not have been personally at fault. In the context of this report, the principle of vicarious liability is considered in relation to civil proceedings. In this report, the Queensland Law Reform Commission adopted the approach that the imposition of vicarious liability on one person for the torts of another must be referable to clearly defined principles consistent with fairness and justice. The report consisted of four primary chapters: (1) the principles of vicarious liability; (2) employment; (3) vicarious liability for the torts of children; and (4) indemnity and contribution. Within the principles of vicarious liability, the above policy issues are considered and the difference between vicarious and personal liability. Under employment, the report examines vicarious liability in the workplace and the relationship between an employer and an employee. In addition, it considers the vicarious liability of a general employer for the torts of an employee who has been lent to a third party. In the chapter on vicarious liability for the torts of children, the application of the principle of vicarious liability to the relationships of parent/child, adult supervision/child, and teacher/pupil are considered. It also considers the liability of a school authority for torts committed by pupils. Matters considered by the Commission in the final chapter were issues that arose in the area of employer/employee relationships where it was found that an employer was vicariously liable for the tort of an employee. Issues such as the right of the employer to claim an indemnity or contribution from the employee who committed the tort. Several recommendations are presented by the Commission in the areas of employment, vicarious liability for the torts of children, and indemnity and contribution. Appendices