LAWS1061 Chapter Notes - Chapter 9: William Gummow, Tax Deduction, Independent Contractor
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[1] vicarious liability is the imposition of liability on an otherwise blameless party who has some sort of responsibility over the tortfeasor. For example, an employer will generally be vicariously liable for the negligence of his employees. Vicarious liability will only be imposed if: there is a requisite relationship between the defendant and the tortfeasor. If these conditions are satisfied, the defendant will be vicarously liable (thus concurrently liable) for the plaintiff"s harm caused by the tortfeasor. This article is a topic within the subject torts. Sappideen, vines, grant & watson, torts: commentary and materials (lawbook co, 10th ed, 2009), pp. [4] in order to be vicariously liable, there must be a requisite relationship between the defendant the tortfeasor. There are three tests to determine whether such a relationship existed: control test, organisation test, sufficient relationship test - favoured approach.
