Enterprise security risk management

1. TonyRidley-InternationalSecurity&RiskManagementProfessional
https://www.linkedin.com/in/tonyridley/
Member of
Vicarious Liability
Legal Views
"employer’s liability this can take the form of a failure, for example, to provide a safe working environment"
In vicarious liability, the corporate person is strictly liable, but a personal tort must have been committed.",
moreover "the concept of the non-delegable duty extends beyond employment; in that case it was applied to...
duty to ensure a safe environment..." (Deakin, 2018)
Reference:
Goudkamp. J, and Plunkett. J (2017) 'Vicarious liability in Australia: on the move?', Oxford University Commonwealth Law Journal,
17(1), pp. 162-170.
"It also raises the question as to why the mere creation of a risk that materialises justifies the imposition of
vicarious liability when liability in tort usually arises only for the materialisation of wrongly created risks."
(Goudkamp and Plunkett, 2017)
Deakin, S. (2018). 'ORGANISATIONAL TORTS: VICARIOUS LIABILITY VERSUS NON-DELEGABLE DUTY'. The
Cambridge Law Journal, 77(1), pp. 15-18.
Clarification
Australia Observes the Same
"By linking liability to the risk attached to a business’ activities, the doctrine emphasises the importance of
enterprise risk in the law of tort." (Tutin, 2016))
Hong Kong Identifies A Refinement
Lord Phillips. (2015). 'Vicarious liability on the move', Hong Kong Law Journal, 45(1), pp.29-44.
This content does not
constitute legal advice or
recommendations. See a
lawyer if required.
Tutin, M. (2016) 'Vicarious liability: an ever expanding concept?(United Kingdom)', Industrial Law Journal, 45(4), pp. 556-564.
"courts have recently expanded the scope of vicarious liability and the scope of the non-delegable duty, so
that there is now a considerable overlap between the two." Concluding that " common law has been on the
move in this area and I doubt whether it has yet to come to a stop." (Lord Phillips, 2015)
UK Identifies A Similar Shift
"It is not at all easy to discern any meaningful difference between the employment providing the occasion
for the wrongdoing and the opportunty for it. "(Ryan, 2017)
Ryan, D. (2017). 'FROM OPPORTUNITY TO OCCASION: VICARIOUS LIABILITY IN THE HIGH COURT OF AUSTRALIA',
The Cambridge Law Journal, 76(1), pp.14-18.
Not Immediately Apparent
Independent Contractors
"a recognition that vicarious liability may be imposed outside the class of traditional employment
relationships in certain circumstances." (Silink and Ryan, 2018)
Silink, A. and Ryan, D. (2018). 'VICARIOUS LIABILITY FOR INDEPENDENT CONTRACTORS.' The Cambridge Law
Journal, 77(3), pp. 458-461.
Are international enterprise security risk managers aware of technical and legal
changes affecting their "work" place, agreements, conditions and liabilities? More
specifically, relating to qualifications and credentials required "to do the job",
competency of advice, risk or internal/external 'safety" information which is acted
upon?