Question 2: Vicarious Liability Flashcards
1
Q
Explain vicarious liability
A
The principle whereby in most circumstances an employer is liable for the negligence of an employee (Stewart & Knott, 2002). In an action for vicarious liability in schools, you need to identify the elements of it:
2
Q
Describe the 3 factors required for vicarious liability
A
- There must be a tort (a civil wrong or injury) committed (i.e. negligence)
- The tort must have been committed by a current employee of the school at the time of the negligent act.
- The employee must have been acting in the course of their employment when the tort was committed.
3
Q
What is the name of a case demonstrating vicarious liability?
A
‘S’ v The Corporation of the Synod of the Diocese of Brisbane (2001)
4
Q
Describe the ‘S’ v The Corporation of the Synod of the Diocese of Brisbane (2001) case in general
A
- Plaintiff boarder – sexually assaulted at least 30 times by boarding master.
- Early in appointment concern expressed about his interest in female students.
- Seen on previous occasions observing girls in the shower and kissing a student.
- Direct complaint by student and mother that teacher touched inside of girl’s thigh – principal claimed girl embellished stories.
- Committed suicide day of the trial – left note indicating up to 20 students.
- Even after suicide note principal maintained there had been no improper behaviour towards the students.
5
Q
Describe the ‘S’ v The Corporation of the Synod of the Diocese of Brisbane (2001) case in terms of vicarious liability
A
- Two ways jury considered negligence
1. Whether the school had breached a duty of care it owed directly to the defendant
2. Decide whether the defendant (principal) may be held vicariously liable
o Decided employer should be held responsible for teacher’s actions and that the plaintiff suffered damage as a result of the breach of the duty of care owed by the defendant or by the employee of the defendant
