A Critique of the Enterprise Risk Theory of Vicarious Liability

The Supreme Court of Canada has utilised the enterprise risk theory to justify the imposition of vicarious liability. The Australian High Court flirted with this theory, but now seems to have abandoned it. Members of the UK Supreme Court have expressed some reservations about the theory. This article argues the common law should not embrace this theory to explain the imposition of vicarious liability; it cannot adequately explain the contours of the doctrine.