Vicarious Liability: in search of a general principle in the High Court of Australia and the United Kingdom Supreme Court

Seminar/Forum

Vicarious Liability: in search of a general principle in the High Court of Australia and the United Kingdom Supreme Court

The High Court of Australia and the United Kingdom Supreme Court continue in their respective attempts to articulate a unified coherent principle for the imposition of vicarious liability in the context of intentional wrongdoing. In Prince Alfred College Incorporated v ADC [2016] HCA 37, the High Court of Australia has revisited its earlier decision in New South Wales v Lepore [2003] HCA 4, (2003) 212 C.L.R. 511 and has engaged critically with United Kingdom authorities including Lister v Hesley Hall Ltd [2001] UKHL 22, [2002] 1 A.C. 215 and Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, [2016] A.C. 677. This paper critically analyses the approaches in Prince Alfred College and Mohamud and related authorities in order to ascertain whether, and if so how, a convincing general principle has been or can be identified for the imposition of vicarious liability in both jurisdictions.

Presenter

  • Dr Desmond Ryan
    Dr Desmond Ryan, Assistant Professor