LAWS1003 Chapter Notes - Chapter 20: Independent Contractor, Nsw Law Reports, Crédit Lyonnais
Document Summary
The principle of vicarious liability imposes the liability for tortious conduct on a party who is not at fault themselves. A duty that is recognised as non-delegable extends a defendants liability in that it imposes a duty to ensure that reasonable care is taken by others, imposing liability for the conduct of another. Vicarious liability imposes liability upon a party for a tort committed by another, despite the fact that the party who is vicariously liable may not have been at fault. The liability arises from the relationship between the wrongdoer and the party who is vicariously liable. The policy grounds that support vicarious liability are: It allows a plaintiff to be compensated by a defendant which is financially viable. A defendant who employs others in order to advance on its own enterprise should be under a corresponding liability for the losses occurring in the pursuit of that enterprise.
