THE NOTION OF VICARIOUS LIABILITY FOR SEXUAL ABUSE IN ENGLISH LAW

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Abstract:

This article looks at vicarious liability- the responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his employee in the course of his employment. The article deals with House of Lords' decision with the issue of vicarious liability of employers for sexual abuse of children—Lister v Hesley Hall Limited.

The central issue before the House was whether, as a matter of legal principle, the employers of the warden of a school boarding house who sexually abused boys in his care may be vicariously liable for the torts of their employee. Their Lordships decided that they may be.

Keywords: House of Lords; Lister v Hesley Hall Limited; Sexual Abuse; Vicarious Liability

Document Type: Research Article

Publication date: January 1, 2002

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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