Concept of Vicarious Liability - Employment & Agency Law

Running Head: Vicarious Liability
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CONCEPT OF VICARIOUS LIABILITY- EMPLOYMENT & AGENCY LAW
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Vicarious Liability
Vicarious liability is holding a person liable and accountable for damages (compensation) or
harm /injury caused by other individual. In Latin term this concept is known as “respondeat
superior”. The concept mostly embedded in employment relationship where employers are
responsible for the conduct or act of their employees during the tenure of employment.
(Vicarious Liability) . In agency law, employer becomes principal and employee becomes
agents. The agent is authorized to represent the principal to other. If agent enters into a contract
with the third party then it is assumed that principal has entered into the contract even if the third
party and principal have never met. So, the principal will be liable for any wrong done by agent.
This is the doctrine of vicarious liability.
Vicarious Liability is a compilation by three components -
1. There should be relationship between employer and employee
2. There should be tortuous act
3. The act must be done within in duration of employment.
The leading case on vicarious liability in Canada came in the Apex Court’s case, Bazley v. Curry
(1999) (Bazley v. Curry, 1999) in which Justice McLachlin held that “employers may fairly be
accountable where the act comes under the risk or hazard that business’ venture makes and
exacerbates. The inquiry for each situation is if there is an association between the business
venture and that misconduct which legitimizes inconvenience of vicarious liability on employer
for any misconduct, regarding reasonable portion of results of the hazard and additionally
prevention. In recent case of K.L. v. 1163957799 Quebec Inc. (2015) ONSC 2417 (K.L. v.
1163957799 Quebec Inc., 2015), the Ontario Superior Court of Justice held that the employer
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