Meghann McTague examines the impact of recent case law on the scope of vicarious liability in abuse claims
In recent times the scope of vicarious liability has been extended significantly and bears little resemblance to its earlier origins as described in Salmond and Heuston on the Law of Torts, 21st edn: “It is either (1) a wrongful act authorised by the master, or (2) a wrongful and unauthorised mode of doing some act authorised by the master.”
Sadly, reported cases of sexual abuse have risen dramatically in recent years. NSPCC’s statistics published in June 2012, indicate that almost a quarter of young adults (24.1%) experienced sexual abuse (including contact and non-contact), by an adult or by a peer during childhood.
In recent times, the concept of vicarious liability for such acts has taken on a significantly higher profile following the allegations against Jimmy Savile and others within the media.
Indeed, this spate of allegations was referred to (albeit obliquely) in the recent ruling from the Supreme Court: The Catholic Child Welfare Society and others v Various claimants and the Institute of Brothers of the
