Why Vicarious Liability Must be Abandoned

This article criticises the existing principle of vicarious liability. Various rationales have been suggested for the doctrine, none of which are entirely satisfactory, and none of which explain all of its contours. Its scope has been expanded well beyond its traditional roots in home-based businesses, extending to liability for criminal activity of a kind the employer never would have authorised. It is perhaps time to get rid of the doctrine, relying on other legal principles such as agency, and negligence.