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Accountability of public authorities through contextualized determinations of vicarious liability and non-delegable duties.

INTRODUCTION

This paper focuses on those persons who suffer injuries from another's performance of contracted government services and whom may not have access to effective remedies because of narrow and de-contextualized constructions of when vicarious liability and breach of non-delegable duties arise. The need to protect such victims is becoming increasingly desperate given the growing reliance on non-standard (outsourced) employees to fulfil governmental functions. Non-standard workers are not classified as employees. Hence, the employer is not vicariously liable for the torts of non-standard workers unless the delegated work entails non-delegable duties. Yet, many of ...

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