Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Oxford University Re...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Industrial Law Journal
Article . 2020 . Peer-reviewed
License: OUP Standard Publication Reuse
Data sources: Crossref
SSRN Electronic Journal
Article . 2020 . Peer-reviewed
Data sources: Crossref
versions View all 3 versions
addClaim

Reining in Vicarious Liability

Authors: Nolan, D;

Reining in Vicarious Liability

Abstract

The English law of vicarious liability has changed dramatically over the course of the last 20 years. The overall effect of this transformation has been a significant expansion in the scope of the doctrine, accompanied by high levels of uncertainty, as reflected in the frequency with which appeals on the subject have been heard by the Supreme Court in recent years. The two most recent of those appeals, Barclays Bank v Various Claimants and WM Morrison Supermarkets plc v Various Claimants, are the subject of this commentary. In these two decisions, the Supreme Court has attempted to impose some order on the chaos, and to replace the old structures of vicarious liability with a new framework offering comparable levels of certainty and predictability. This ‘modified orthodox’ approach preserves some continuity with the old law, and is also characterised by the abandonment or downgrading of open-ended tests and multi-factorial analysis in favour of more structured and tightly drawn enquiries, as well as a strong attachment to precedent. With these two decisions, it seems that the limits on the expansion of vicarious liability are now coming into clearer focus.

Country
United Kingdom
Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
Fields of Science
Fields of Science
Related to Research communities