The author would like to thank Professor Jenny Steele and an anonymous referee for their helpful comments, and Br Pius Collins for his assistance with Canon Law. All errors, of course, remain my own.
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CASE
Distorting Vicarious Liability
Article first published online: 17 OCT 2011
DOI: 10.1111/j.1468-2230.2011.00878.x
© 2011 The Author. The Modern Law Review © 2011 The Modern Law Review Limited.
Additional Information
How to Cite
Morgan, P. (2011), Distorting Vicarious Liability. The Modern Law Review, 74: 932–946. doi: 10.1111/j.1468-2230.2011.00878.x
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The author would like to thank Professor Jenny Steele and an anonymous referee for their helpful comments, and Br Pius Collins for his assistance with Canon Law. All errors, of course, remain my own.
Publication History
- Issue published online: 17 OCT 2011
- Article first published online: 17 OCT 2011
- Abstract
- Article
- References
- Cited By
Keywords:
- ‘vicarious liability’;
- ‘course of employment’;
- risk;
- status;
- clergy;
- sexual abuse
The note considers the decision of the Court of Appeal in Maga v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church and analyses the application of the status based risk approach to vicarious liability in that case. It considers its application outside of the area of clerical sexual abuse, and also the role in vicarious liability of job conferred status which materially increases the risk of the commission of a tort, or helps to facilitate a tort.