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Lookup NU author(s): Dr Christine Beuermann
This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).
This article uses Atiyah and Summer’s categorisation of the attributes of formal legal reasoning in Form and Substance in Anglo-American Law to examine the type of legal reasoning process used by the courts in England and Wales when determining the second stage of vicarious liability. The analysis shows that, although remaining formal in nature, the shift away from the Salmond test has resulted in a shift in the type of form used by the courts. It is suggested that future guidance issued by the Supreme Court to lower courts when determining the second stage of vicarious liability needs to account of this change for the guidance to be effective.
Author(s): Beuermann C
Publication type: Article
Publication status: Published
Journal: Cambridge Law Journal
Year: 2022
Volume: 81
Issue: 3
Pages: 495-523
Online publication date: 07/11/2022
Acceptance date: 18/09/2022
Date deposited: 24/09/2022
ISSN (print): 0008-1973
ISSN (electronic): 1469-2139
Publisher: Cambridge University Press
URL: https://doi.org/10.1017/S0008197322000526
DOI: 10.1017/S0008197322000526
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