Recent developments in the application of the doctrine of vicarious liability by United Kingdom courts

Abstract

Tort law may qualify as a soft national constitution guided to fill gaps in rights discourse but with the primary objective of monetary compensation. Vicarious liability is an addendum to the law of torts. It used to be an addendum to the tort of negligence but recent decisions in the Commonwealth, particularly the United Kingdom now indicate otherwise. In many commonwealth jurisdictions, tort law has developed as core judge-driven law. A comparative approach to its application and development is therefore of immense benefit. As a majorly judge driven law, it is also contextualised in a socio-economic framework.

Key Words: Tort Law, Vicarious Liability, Comparative Law, Social Cohesion, Judicial Precedents.