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6. The importance of facts

Journal of Professional Negligence

Edited by:
Colm McGrath and Isabel Barter
Publisher:
Bloomsbury Professional
Publication Date:
September 2024
Vol.33 No.3 Vicarious liability: a case study in the failure of general principles? (a) Lesson One – Decisions in individual cases are shaped by the facts and the parties’ pleadings (b) Lesson Two – In the absence of a convincing justification, vicarious liability should be determined by reference to specific legal principles derived from the facts of decided cases (c) Lesson Three – An employer will be held strictly liable for the wrongdoing of an employee where that employee is placed in a position of ‘authority, power, trust, control [or] intimacy’ over a claimant ...

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