Vicarious Liability in the Law of Torts PDF Download
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Author: P. S. Atiyah
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 520
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Book Description
Author: P. S. Atiyah
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 520
Get Book Here
Book Description
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: 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: M. Stuart Madden
Publisher: Cambridge University Press
ISBN: 9780521851367
Category : Law
Languages : en
Pages : 508
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Book Description
This is a collection of scholarship from the most influential contributors regarding Torts law.
Author: Christine Beuermann
Publisher: Bloomsbury Publishing
ISBN: 1509917543
Category : Law
Languages : en
Pages : 255
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Book Description
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
Author: Mark Lunney
Publisher: Oxford University Press
ISBN: 0199211361
Category : Law
Languages : en
Pages : 1059
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Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
Author: Alastair Mullis
Publisher: Bloomsbury Publishing
ISBN: 0230345697
Category : Law
Languages : en
Pages : 577
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Book Description
The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.
Author: Christian A. Witting
Publisher: Cambridge University Press
ISBN: 1107039924
Category : Business & Economics
Languages : en
Pages : 501
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Book Description
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Author: Barnali Choudhury
Publisher: Cambridge University Press
ISBN: 1108421466
Category : Business & Economics
Languages : en
Pages : 387
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Book Description
Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Author: William Gaddis
Publisher: Simon and Schuster
ISBN: 1439125473
Category : Fiction
Languages : en
Pages : 709
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Book Description
A dazzling fourth novel by the author of The Recognitions, Carpenter’s Gothic, and JR uses his considerable powers of observation and satirical sensibilities to take on the American legal system.
