Vicarious Liability in the Agency Context

Abstract

This article deals with the issue of whether or not the principles of vicarious liability apply in the principal and agent context. The article considers the confused state of the law at present and also considers the novel approach advocated by McHugh J in a number of recent High Court decisions. It will be demonstrated that there is fundamental confusion in this area of the law, both judicial and academic, and that a re-evaluation must take place if consistency is to be achieved.