The Law of Torts: Vicarious Liability and Loss Distribution Mechanisms (Lecture 10, LAWS11069)

This lecture discusses one of the ways in which a defendant may be held liable for the acts of a third party through ‘vicarious liability’. Vicarious liability is a form of strict liability and, as such, a plaintiff does not have to establish that the defendant was at fault. It is necessary, however, for the third party’s conduct (for which the defendant is vicariously liable) to be tortious. On watching this lecture, you should be able to:
• Explain the concept of vicarious liability and discuss its theoretical basis;
• Understand the difference between direct (or primary) liability and vicarious liability;
• Describe the legal significance of a worker being classified as an employee or independent contractor;
• Apply relevant legal principles to fact scenarios to determine who is an employee; and
• Apply relevant legal principles to determine when a worker is said to be acting in the course of employment.