Lister v Hesley Hall Ltd

Facts

The warden of a boarding house attached to a school owned by the company sexually abused boys in his care.

Issue

Was the company vicariously liable?

Held

Yes. The abuse was so closely connected with his employment that it was fair and just to hold the employer liable.

Principle

The test for vicarious liability is close connection between the wrong and the employment.

Why it matters

It is the modern test for deliberate wrongs by employees.

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