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Author: Paula Giliker
Publisher: Bloomsbury Publishing
ISBN: 1509939091
Category : Law
Languages : en
Pages : 267
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Book Description
This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.
Author: Paula Giliker
Publisher: Bloomsbury Publishing
ISBN: 1509939091
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.
Author: Thomas Baty
Publisher:
ISBN:
Category : Agency (Law)
Languages : en
Pages : 252
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Book Description
"A short history of the liability of employers, principals, partners, associations and trade-union members, with a chapter on the laws of Scotland and foreign states."--T.p.
Author: F. H. Lawson
Publisher: Cambridge University Press
ISBN: 9780521235853
Category : Law
Languages : en
Pages : 270
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Book Description
Examines the approaches of the modern European legal systems, particularly those of England, France, & Germany, to the problem of liability for unintentional harm. The first volume contains a study of the various topics & problems, & the second, a selection of texts & extracts, with commentary. Second volume can be used independently.
Author: Francesco Donato Busnelli
Publisher: Kluwer Law International B.V.
ISBN: 9041121854
Category : Law
Languages : en
Pages : 354
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Category : Law
Languages : en
Pages : 331
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Book Description
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Author: P. S. Atiyah
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 520
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Book Description
Author: Anthony Gray (Law teacher)
Publisher:
ISBN: 9781509920266
Category : Respondeat superior
Languages : en
Pages : 282
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Book Description
"The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee."--Bloomsbury Publishing.
Author: Thomas Atkins Street
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 594
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Book Description
Author: Anthony Gray
Publisher: Bloomsbury Publishing
ISBN: 1509920234
Category : Law
Languages : en
Pages : 295
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Book Description
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
Author: Douglas Brodie
Publisher:
ISBN: 9780511918971
Category : Law
Languages : en
Pages : 190
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Book Description
Douglas Brodie examines how the common law has evolved to address concerns about corporate social responsibility.
