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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).
In Trustees of the Barry Congregation of Jehovah’s Witness v BXB, the Supreme Court held that there was a single approach to determining all cases of vicarious liability. No ‘tailoring’ of that approach was required either because the defendant was a religious organisation or because the tort in question was sexual abuse. It followed that the Court of Appeal had erred in placing significance on the authority conferred by the defendant on the tortfeasor to guide the behaviour of the claimant when determining vicarious liability. This note explores whether there is any role for conferred authority after Barry. To accommodate distinctions in the existing cases and contain further unwarranted expansion, it is argued that it is necessary to recognise a discrete form of strict liability for the tort of another, distinct from vicarious liability, that responds to the potential for conferred authority to be abused.
Author(s): Beuermann C
Publication type: Article
Publication status: Published
Journal: Modern Law Review
Year: 2024
Volume: 87
Issue: 4
Pages: 995-1009
Print publication date: 01/07/2024
Online publication date: 01/03/2024
Acceptance date: 11/01/2024
Date deposited: 18/01/2024
ISSN (print): 0026-7961
ISSN (electronic): 1468-2230
Publisher: Wiley-Blackwell Publishing Ltd.
URL: https://doi.org/10.1111/1468-2230.12877
DOI: 10.1111/1468-2230.12877
ePrints DOI: 10.57711/bnym-wq65
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