Download or read book The Future of the Employment Contract written by Brodie, Douglas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Download or read book Vicarious Liability written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Vicarious Liability in Tort written by Paula Giliker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Employers Liability and Workers Compensation written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2012-10-30 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues
Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Employers Liability to Their Servants at Common Law written by Climenson Yelverton Charles Dawbarn and published by . This book was released on 1911 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liquor Liability Law written by James F. Mosher and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Duties to the Public written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2019-01-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Download or read book Frolic of His Own written by William Gaddis and published by Simon and Schuster. This book was released on 2013-06-18 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Employer s Liability at Common Law written by John H. Munkman and published by . This book was released on 1975 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: UK. Textbook commenting on legislation and jurisprudence still in force at the end of 1974, relating to employers liability with regard to occupational safety and occupational health.
Download or read book Emerging Issues in Tort Law written by Jason W Neyers and published by Bloomsbury Publishing. This book was released on 2007-05-29 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.
Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2017 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ideal main text for undergraduate tort law courses. The authors combine a lively, engaging writing style with a critical approach to the subject. It uses pedagogical features such as 'counterpoint' and 'pause for reflection' boxes to encourage students to think more deeply.
Download or read book A Treatise on the Law of Master and Servant written by Horace Gay Wood and published by . This book was released on 1886 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2023-11-10 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Download or read book The Common Law and Statutory Duty and Liability of Employers written by Walworth Howland Roberts and published by London : Butterworth & Company. This book was released on 1908 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of the Employers Liability Acts of New York Massachusetts Indiana Alabama Colorado and England written by Conrad Reno and published by . This book was released on 1903 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
