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Vicarious liability and historical abuse: a critical analysis of Hickey v McGowan

Gallen, James orcid logoORCID: 0000-0002-1145-9680 (2017) Vicarious liability and historical abuse: a critical analysis of Hickey v McGowan. Irish Jurist, 58 . pp. 184-192. ISSN 2565-5558

Until 2017, Irish law regarding vicarious liability was at odds with a broad trend throughout the common law world. In recent years, alternative approaches have imposed liability where wrongful conduct had a “close connection” with, or constituted an “enterprise risk” to, the defendant employer. In addition, vicarious liability has now expanded abroad beyond the employment context, to impose liability in situations “akin to employment” or for members of unincorporated associations, such as religious orders. In February 2017, in Hickey v McGowan the Irish Supreme Court held the Marist Order of Brothers, an unincorporated association, vicariously liable for the sexual abuse perpetrated by a member of the Order in the context of primary education. In doing so, O’Donnell J. not only endorsed the “close connection” test to vicarious liability in Irish law, but also adopted a distinctive approach to extending vicarious liability beyond an employment context. This note evaluates the trend abroad and the recent Supreme Court decision in McGowan on the expanded test of vicarious liability and its application beyond the employment context.
Item Type:Article (Published)
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Round Hall in assoc. School of Law UCD
Copyright Information:© 2017 The Author
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:26741
Deposited On:09 Mar 2022 17:41 by James Gallen . Last Modified 09 Mar 2022 17:41

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