Why was the doctrine of vicarious liability developed

Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party and is negligent in carrying out that responsibility and exercising that control.

Why does vicarious liability exist?

Vicarious liability arises when a principal is answerable for the act of an agent in the course of its business. It most often comes up in an employment context. The employer is vicariously liable for the employee, by the operation of tort law. The employer responsible for acts of the employee.

Where did vicarious liability come from?

In common law an employer is vicariously liable for the tortious acts of its employees if they are carried out “in the course of employment“. Under discrimination legislation, discriminatory acts done by an employee in the course of employment are treated as having been done by the employer.

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