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Vicarious Liability and Conferred Authority: Trustees of the Barry Congregation of Jehovah's Witnesses v BXB

Lookup NU author(s): Dr Christine Beuermann

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This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).


Abstract

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.


Publication metadata

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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