Vicarious Liability

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  • FOIL

The claimant/respondent received dental treatment on a number of occasions at a dental practice (‘the practice’) of which the defendant/appellant was then the owner and sole principal dentist. The claimant was not treated by the defendant personally but by six different dentists. She alleged that the treatment by four of them was negligent. Three of them were self-employed Associate Dentists, and the preliminary issue raised on this appeal was whether the defendant was liable for their acts or omissions by virtue of either a non-delegable duty of care or vicarious liability.

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