Vicarious Liability: Critique and Reform

This book considers vicarious liability from its earliest beginnings to its present state. A range of rationales have been suggested to support the principle, but none have proven to be overly satisfactory. They cannot explain all of the contours of current principle. It is argued that the enterprise risk theory of liability, influential in Canada, should not be applied in other jurisdictions. It is argued it is problematic to make employers vicariously liable for conduct of an employee they did not authorise and never would have consented to, including criminal behaviour. Substantial reform of the tort is required.