Vicarious Liability

Posted in : Supplementary Articles ROI on 22 January 2013
Louise Harrison
William Fry
Issues covered:

Louise Harrison writes:

The doctrine of vicarious liability is long-established. It holds that where a person commits a wrong in the course of his employment, not only is he himself directly liable, but his employer may also be held accountable – ‘vicariously liable’ - for the employee’s act or omission. This is the case even where the employer is without fault. The policy reasons underpinning the doctrine have been stated by UK and Irish courts over many years and can be summarised, broadly, as follows:

* An employer is in control of his employee’s actions and/or creates the ‘enterprise risk’ of wrongful acts/omissions;

* The employee would not have been in a position to commit the wrong

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This article is correct at 06/08/2015

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Louise Harrison
William Fry

The main content of this article was provided by Louise Harrison. Contact telephone number is +353 1 489 6580 or email

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