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Vicarious Liability for Group Companies: the Final Frontier of Vicarious Liability?

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JournalJournal of Professional Negligence
DatePublished - 20 Dec 2015
Issue number4
Volume31
Number of pages24
Pages (from-to)276-299
Original languageEnglish

Abstract

This article seeks to explore the pressing unanswered commercial issue: whether or not a parent company can potentially be vicariously liable for its subsidiary's torts. It is currently undecided in English law, however, the theory of vicarious liability as recently expounded by the Supreme Court, as well as the development of new categories of vicarious liability, point towards vicarious liability for legal persons. This article argues that a legal (or natural) person may employ, or be in a relationship 'akin to employment' with, a legal person for the purposes of vicarious liability.

    Research areas

  • Vicarious Liability, Company law, Group Companies, Tort, tort law

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