Sexual Abuse and the Changing Nature of Vicarious Liability

Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele, vicarious liability is defined as an employer being found liable for the tort of his or her employee, provided that tort is sufficiently connected with the individual’s employment. On the face of it, this definition seems straightforward and clear, however you only need to look at the plethora of cases which have come to light in recent years to see that the reality is very different. The case of Various Claimants v Institute of the Brothers of the Christian Schools, (CCWS) is the latest case which has served to further develop the†¦show more content†¦Winfield and Jolowicz recognise the existence of relationships which resemble, but are not technically employer/employee relationships; an example being that of the vicarious liability of the chief constable of police for the torts committed by his police force. This means therefore that the doctrine is capable of extending to other relationships. Although Lord Phillips came to the correct conclusion, he did not provide a coherent structure for courts to follow when making future decisions., his analysis is useful for cases with very similar features to this one, but will be of limited use to cases where the circumstances are different, this will of course be most cases and therefore he should have provided more guidance, this is particularly evident when looking at the features which he thought made their relationship closer than that of an employer and employees. There is no discernible logic which links the two factors together, and it is unlikely that a court will be able to infer from those two features a common rule which can be applied to other situations. Additionally, he stated that it was possible for an unincorporated association to be vicariously liable for tortious acts of one orShow MoreRelatedBusiness Law I Summary34667 Words   |  139 Pagescomplaining about the rigidity of the common law. Civil liability are contract and tort. * Contractual liability arises when two or more persons enter into a legally enforceable agreement with each other. * Tortuous liability = a tort consists of the breach of duty imposed by the law(negligence, trespass) Criminal liability before convicted you have to prove mens rea (guilty mind) and actus reus (prohibited act). Strict liability are wrongful acts where prove of mens rea does not needRead MoreTorture and Custodial Violence in Prisons12554 Words   |  51 Pagesprisoners, and prisoners whose sentences have been overturned by DNA evidence, it becomes clear that humane prison conditions are a fundamental human right.   Prisoners face extremely destructive problems on a daily basis, including physical and sexual abuse by both guards and fellow inmates, gang violence, untreated physical or mental â€Å"The care of human life and happiness, and not their destruction, is the first and only object of good government.† -- Thomas Jefferson health problems, and concernsRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesDiversity 40 Demographic Characteristics of the U.S. Workforce 41 †¢ Levels of Diversity 42 †¢ Discrimination 42 Biographical Characteristics 44 Age 44 †¢ Sex 46 †¢ Race and Ethnicity 48 †¢ Disability 48 †¢ Other Biographical Characteristics: Tenure, Religion, Sexual Orientation, and Gender Identity 50 Ability 52 Intellectual Abilities 52 †¢ Physical Abilities 55 †¢ The Role of Disabilities 56 Implementing Diversity Management Strategies 56 Attracting, Selecting, Developing, and Retaining Diverse Employees 56 †¢