CPLC Work in Progress Seminar: 'Vicarious Liability: Master and Servant Theory - 'A Quest for a Chimaer''

Speaker: Professor Warren Swain, University of Auckland

Although the dominance of the master’s tort theory before the twentieth century has been asserted with some confidence the subject of vicarious liability has received little in the way of detailed historical analysis. An article written over a century ago by the well-known American jurist, John Henry Wigmore, remains the only major historical study. The terms master’s and servant’s tort are of course anachronistic when applied before the twentieth century. Nevertheless it is possible, though difficult, to try an locate legal responsibility as between master and servant in earlier centuries.

This seminar is open to all LLM, MCL and PhD students, Faculty members and Faculty visitors.