| List of diagrams | p. xv |
| Table of cases | p. xvi |
| Table of legislation | p. xxxiv |
| Preface | p. xli |
| What is vicarious liability? | p. 1 |
| Introduction | p. 1 |
| Vicarious liability: an historical overview | p. 6 |
| The legal basis for vicarious liability | p. 13 |
| Distinguishing primary from vicarious liability | p. 16 |
| Conclusion | p. 18 |
| Establishing a general framework for liability | p. 21 |
| Introduction | p. 21 |
| Identifying a general framework for liability | p. 21 |
| Key terminology and codal provisions in English, French and German law | p. 22 |
| The requirement of a wrongful act | p. 27 |
| The right to an indemnity | p. 30 |
| A common law problem: vicarious liability for exemplary damages? | p. 39 |
| Liability for the acts of others in other areas of law | p. 43 |
| Contract law | p. 44 |
| Company law | p. 46 |
| Public law | p. 50 |
| The relevance of French criminal law | p. 53 |
| Conclusion | p. 54 |
| The employer/employee relationship: identifying the contract of employment | p. 55 |
| Introduction | p. 55 |
| The control test | p. 57 |
| Doubts as to the control test | p. 60 |
| Control and doctors: who is liable for the negligent surgeon? | p. 61 |
| Response | p. 65 |
| Alternative approaches to the control test | p. 66 |
| A more flexible interpretation of the control test | p. 66 |
| The organisation and composite tests | p. 69 |
| Application of the 'totality of the relationship' test: owner-drivers and bicycle couriers | p. 73 |
| The owner-driver | p. 73 |
| The bicycle courier | p. 74 |
| Distinguishing factors | p. 75 |
| Conclusion | p. 77 |
| Special difficulties: borrowed employees and temporary workers | p. 81 |
| Introduction | p. 81 |
| Lending employees: the 'borrowed servant' problem | p. 83 |
| Dual liability? | p. 89 |
| Temporary workers: vicarious liability for casual or agency staff? | p. 93 |
| Finding liability | p. 95 |
| A less technical approach? | p. 97 |
| Conclusion | p. 98 |
| Other relationships giving rise to liability | p. 101 |
| Introduction | p. 101 |
| Relationships giving rise to vicarious liability beyond the contract of employment: statute | p. 103 |
| Relationships giving rise to vicarious liability beyond the contract of employment: case law | p. 106 |
| Civil law systems | p. 106 |
| Common law 'relationships': using agency and non-delegable duties to extend strict liability for the torts of others | p. 108 |
| A new model to meet contemporary needs: representative agents or liability arising out of the ability to direct, control and manage the activities of another? | p. 127 |
| The 'representative agent' | p. 127 |
| The power to organise, direct and control the activities of another: the development of Blieck and Article 1384(1) of the French Civil Code | p. 133 |
| An appraisal: a new model to meet contemporary needs? | p. 140 |
| Conclusion | p. 143 |
| Acting in the course of one's employment/functions/assigned tasks: determining the scope of vicarious liability | p. 145 |
| Introduction | p. 145 |
| Limiting the scope of liability: acting in the course of employment/one's functions/assigned tasks | p. 147 |
| Determining the test for 'course of employment', 'les fonctions auxquelles ils les ont employés', 'in Ausführung der Verrichtung' | p. 150 |
| The significance of policy | p. 150 |
| Prohibited conduct | p. 153 |
| The common law test: 'course of employment' | p. 157 |
| Deliberate wrongdoing and the search for a new 'course of employment' test in the common law world | p. 160 |
| A different test for fraud? | p. 175 |
| The civil law test: the French example of 'les fonctions auxquelles ils les ont employés' | p. 181 |
| Appraisal: what does 'close connection' or 'dans les fonctions' mean? Can a workable definition be found? | p. 188 |
| Parental liability for the torts of their children: a new form of vicarious liability? | p. 196 |
| Introduction | p. 196 |
| Parental responsibility at common law | p. 197 |
| Parental liability to their child | p. 198 |
| Parental liability to third parties injured by their child | p. 200 |
| Finding a framework for parental responsibility in tort law | p. 203 |
| Model One: fault-based liability - English and German law | p. 206 |
| Model Two: vicarious or strict liability - English, Spanish and French law | p. 210 |
| Strict liability - French law after 1997 | p. 213 |
| Which model should a legal system utilise? | p. 217 |
| Conclusion: a common law doctrine of strict parental liability? | p. 223 |
| Understanding vicarious liability: reconciling policy and principle | p. 227 |
| Introduction | p. 227 |
| Theoretical justifications for vicarious liability in common and civil law | p. 228 |
| Fault: culpa in eligendo/in vigilando and the theory of identification | p. 231 |
| Victim compensation and loss distribution | p. 234 |
| Risk and deterrence | p. 237 |
| Balancing policy objectives: the modern approach to justifying vicarious liability | p. 243 |
| Prioritising risk: the fair allocation of the consequences of the risk and deterrence | p. 245 |
| A proportionate response: what is 'fair and just'? | p. 247 |
| Conclusions | p. 251 |
| General conclusion | p. 252 |
| A postscript: a harmonised European law of vicarious liability? | p. 255 |
| Two frameworks for liability: Article 6:102, PETL (liability for auxiliaries) and Book VI, Article 3:201, DCFR (accountability for damage caused by employees and representatives) | p. 258 |
| The relationship giving rise to liability: for whom is the employer liable? | p. 259 |
| 'Within the scope of their functions' and 'course of employment or engagement': to what extent is an employer liable? | p. 262 |
| Conclusion: practicality and principle | p. 263 |
| Appendix: Key provisions of the French and German Civil Codes | p. 267 |
| Index | p. 273 |
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