Vicarious Liability

Notes:

This is a sample question on vicarious liability. From the facts, the question you are to answer is the vicarious liability of Swartz Tires for the wrongful conduct of both Cox and Daly. Don’t be led astray by the information that Dunford is “contemplating a range of civil actions” and begin to provide answers on the kind of torts available to Dunford. No! You must restrict yourself to the fact that he seeks to commence the action “against Swartz Tires for the wrongful conduct of both Cox and Daly.”

To answer any question on vicarious liability, you must first state the two requirements as stipulated by the Supreme Court and then apply them to the facts of your exam question to arrive at a conclusion whether vicarious liability can be imposed. This we have done in the sample answer below.