23 March 2012
XVW and YZA v Gravesend Grammer Schools for Girls and another [2012] EWHC 575 (QB), [2012] All ER (D) 105 (Mar)
It was established law that the question to be considered, on the facts, was whether the person’s torts were so closely connected with his employment that it would be fair and just to hold the employers vicariously liable. As the doctrine of vicarious liability imposed strict liability without proof of fault there was high authority for the proposition that, although it could apply to relationships other than that of employment or “servant or agent”, where it was classically and most commonly found, it was a principle which had to be kept within bounds and was not “infinitely extendable”.
