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ORGANISATIONAL TORTS: VICARIOUS LIABILITY VERSUS NON-DELEGABLE DUTY

Published online by Cambridge University Press:  19 March 2018

Simon Deakin
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Extract

ON 18 October 2017, the UK Supreme Court decided Armes v Nottinghamshire County Council [2017] UKSC 60. The Court ruled that a local authority could be vicariously liable for intentional torts committed by foster parents against a child whom the authority had placed in their care. The outcome was not entirely unexpected. Less than two decades ago it would have been inconceivable. After all, isn't it the case that the common law does not recognise a general principle of liability in tort for the acts of third parties? And that in so far as it does, it holds an employer vicariously liable for a tort committed by an employee in the course of their employment? This is a very long way from the facts of Armes.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 77 , Issue 1 , March 2018 , pp. 15 - 18
Copyright
Copyright © Cambridge Law Journal and Contributors 2018 

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