Date: Fri, 8 Oct 2004 22:48:49 +1000

From: Harold Luntz

Subject: Vicarious liability for intentional torts

The Privy Council yesterday held Jamaica liable for the act of a possibly off-duty police officer, who may have been outside his operational area, when he shot someone who did not hand over a telephone he had demanded: Bernard v Attorney General of Jamaica (7 October 2004). Lister v Hesley Hall was explained and applied, as was Dubai Aluminium v Salaam and Bazley v Curry. The judgment does, however, acknowledge that vicarious liability is a principle of strict liability and must have definable limits. But the particular circumstances here were thought not to fall outside those limits. Fortunately, no reference was made to New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511.

Harold Luntz
Professorial Fellow
Law School
The University of Melbourne
Vic 3010

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