Abstract: The doctrine of vicarious liability has its roots in the early common law, with its core elements coming to be determined in the Victorian era. The ambit of the doctrine thereafter remained fairly settled until around the start of the present century, but since then its reach has been expanding markedly. This article will seek to explain exactly how the law has been expanding, which requires an examination both of the types of relationships where vicarious liability can apply and, assuming the requisite relationship exists, the nature of the link between the relationship and the wrongdoing in question. A further question concerns the circumstances in which a non-delegable duty may be imposed. Here, exceptionally, the duty is not simply to take care but, more onerously, extends to care being taken by another person to whom the task of performing the defendant’s duty has been delegated. How vicarious liability and the concept of the non-delegable duty relate to each other, and whether or when they can overlap, will be examined and explained. The ultimate aim of this article is to consider why the law has been moving in these various ways, to identify the relevant policy concerns and to reach a conclusion on where it ought to stop.
Keywords: vicarious liability; policy; employment; analogous relationships; independent contractors; agency; close connection test; non-delegable duties
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.firstname.lastname@example.org.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.