Dissociating the Two Forms of So-Called 'Vicarious Liability'

The strict liability imposed on an employer for the wrongdoing of an employee and the strict liability imposed on a principal for the wrongdoing of an agent are both described using the label 'vicarious liability'. It does not necessarily follow, however, that the two forms of strict liability are the same. This chapter argues that there are significant differences between the two forms of strict liability and that such differences have been obscured through use of the label 'vicarious liability', leading judges into error. To avoid the current terminological difficulties, the two forms of strict liability will be referred to as 'strict liability for the wrongdoing of an employee' and 'strict liability for the wrongdoing of an agent'.