August 25th, 2023 by James Goudie KC

IN MXX v A Secondary School ( 2023 ) EWCA Civ 996 the Court of Appeal examines the 2 stage test for vicarious liability : (1 ) Whether the relationship of the defendant and the tortfeasor is one that is capable of giving rise to vicarious liability, which is not limited to employment, and ( 2 ) , if so, whether whether the connection that links that relationship between the defendant and the tortfeasor with the act or omission of the tortfeasor is sufficiently close to give rise to vicarious liability.

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