Has a duty of care been breached?
[[No->No liability]]
[[Yes->Is there a relationship capable of giving rise to VL?]]No liabilityIs there a relationship capable of giving rise to VL?
(//CCWS//, //Cox//, //Armes//) (//Barclays Bank//)
[[Yes->Is there a sufficiently close connection between that relationship and the wrong committed?]]
[[No->Does the Defendant owe the Claimant a non-delegable duty?]]Is there a sufficiently close connection between that relationship and the wrong committed?
(//Lister//, //Mohamud//, //CCWS//)
[[Yes->Defendant vicariously liable (secondary liability imposed)]]
[[No->Defendant not vicariously liable]]Does the Defendant owe the Claimant a non-delegable duty?
[[No->No liability beyond that of wrongdoer herself]]
[[Yes->Primary liability imposed on Defendant for breach of its non-delegable duty of care to Claimant]]Defendant vicariously liable (secondary liability imposed)Defendant not vicariously liableNo liability beyond that of wrongdoer herselfPrimary liability imposed on Defendant for breach of its non-delegable duty of care to Claimant