Expanding Scope of English Law On Vicarious Liability And The Inevitability Of Conceptual Uncertainty

Abstract

Vicarious liability is an English law principle that is rooted in antiquity. It entails the transfer the liability of a persons’ negligent or tortious action to another person as a result of the relation relationship existing between both parties. Traditionally, vicarious liability has usually been applied in instances where employee/employer relationship exists between the tortfeasor and the third party and when the tortious act occurred ‘in the course of employment’. Through a case law analysis, this paper examined how vicarious liability principle has transitioned beyond its traditional conception over the ages. For instance, the Wilson and Clyde Case infused the non-delegable duties dimension of vicarious liability. The paper adopts the doctrinal methodology through examination of primary sources such as case laws and secondary sources such as opinion of authors and other scholarly works on the topic. Different jurisprudence has been reflected in the interpretation of the vicarious liability principle in different cases. The study submits that the implication of the inconsistencies in the interpretation of the principle is the uncertainty which has been created as to the true state of the law on the subject.