The Argumentation Scheme from Vicarious Liability

In this paper, we propose the formalisation of a new argu- mentation scheme for the domain of legal argumentation, which we call Argument from Vicarious Liability. This scheme is particularly frequent in the domain of Tort Law and describe the concept of Respondeat Supe- rior, according to which the liability of a wrongdoing can be connected to the agent who is hierarchically above the wrongdoer. While pointing out the need to deepen the study of liability in argumentation schemes and legal argumentation, this work is also proposing the first argumentation scheme which is explicitly related to liability and, indirectly, to causality, showing its connection with pre-existing argumentation schemes.