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Discerning the Form at the Second Stage of Vicarious Liability

Lookup NU author(s): Dr Christine Beuermann

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Abstract

This article uses Atiyah and Summer’s categorisation of the attributes of formal legal reasoning in Form and Substance in Anglo-American Law to examine the type of legal reasoning process used by the courts in England and Wales when determining the second stage of vicarious liability. The analysis shows that, although remaining formal in nature, the shift away from the Salmond test has resulted in a shift in the type of form used by the courts. It is suggested that future guidance issued by the Supreme Court to lower courts when determining the second stage of vicarious liability needs to account of this change for the guidance to be effective.

Publication metadata

Author(s): Beuermann C

Publication type: Article

Publication status: Published

Journal: Cambridge Law Journal

Year: 2022

Volume: 81

Issue: 3

Pages: 495-523

Online publication date: 07/11/2022

Acceptance date: 18/09/2022

Date deposited: 24/09/2022

ISSN (print): 0008-1973

ISSN (electronic): 1469-2139

Publisher: Cambridge University Press

URL: https://doi.org/10.1017/S0008197322000526

DOI: 10.1017/S0008197322000526

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