“Vicarious liability extends beyond employment to relationships 'akin to employment' with sufficient connection.”
Christian Brothers sexually abused children at a residential school. The claimants sued the Catholic Child Welfare Society, arguing it was vicariously liable for the Brothers' actions, despite the Brothers not being employees in the traditional sense.
Whether vicarious liability can apply to non-employment relationships, and what test should determine when an organisation is vicariously liable for the tortious acts of those working for it.
The Supreme Court held that the Catholic Child Welfare Society was vicariously liable. Vicarious liability can apply to relationships 'akin to employment' where there is sufficient connection between the relationship and the wrongful conduct.
This case fundamentally expanded vicarious liability beyond traditional employment, particularly impacting institutional liability for abuse cases. It has enabled greater protection for vulnerable victims and influenced liability in various institutional contexts including healthcare and education.
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OSCOLA Citation
Various Claimants v Catholic Child Welfare Society [2012] UKSC 56
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