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EP 106: Vicarious Liability - Robert Kellar QC & Isabel McArdle

Law Pod UK

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The History of Vicarious Liability

Vicarious liability dates all the way back to mediaeval times ia. In those days, vicarious liability was justified by reference to the idea that a master was answerable for the acts of his servant. One is this idea of deemed authority, so that a defendant should be liable for anything done for his purposes on his behalf. And the second idea is this idea about allocation of risk: if you're choosing between two innocent parties, it's fairer that the employer who profits from whatever the business might be Should bear the risk of harm than the innocent victim.

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