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- Title
Liability of Educational Providers to Victims of Abuse: A Comparison and Critique.
- Authors
Gray, Anthony
- Abstract
The principle of vicarious liability is, to some extent, incoherent. It is indisputable that the case law has moved well beyond the original confines of the doctrine - the basis of its imposition having, to some extent, undercut by development elsewhere in tort law, and its rationale continuing to be subject to conjecture and disagreement. This article seeks to improve the situation by suggesting that the law of vicarious liability should be reconceptualised as having its basis in the law of agency. It does so in the context of the liability of educational providers to victims of abuse.
- Subjects
RESPONDEAT superior; CHILD sexual abuse; SCHOOLS; JUDGE-made law; TORTS
- Publication
Sydney Law Review, 2017, Vol 39, Issue 2, p167
- ISSN
0082-0512
- Publication type
Article