Download or read book Understanding Enterprise Liability written by Virginia Nolan and published by Temple University Press. This book was released on 2011-02-02 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Download or read book Enterprise Liability and the Common Law written by Douglas Brodie and published by Cambridge University Press. This book was released on 2010-10-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.
Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2022-09-23 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 Multinational Enterprises and Tort Liabilities written by Muzaffer Eroglu and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.
Download or read book Enterprise Liability in Commercial Relationships written by Phillip I. Blumberg and published by . This book was released on 1998 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invention of Enterprise Liability written by George L. Priest and published by . This book was released on 1984 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Healthcare Enterprise Liability written by Alan D. Lieberson and published by MICHIE. This book was released on 1997-01-01 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comments on the American Law Institute Study of Enterprise Liability for Personal Injury written by Jerry J. Phillips and published by . This book was released on 1991 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enterprise Risk Analysis for Property Liability Insurance Companies written by Paul J. Brehm and published by Guy Carpenter & Company C2007. This book was released on 2007 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Corporate Liability written by Martin Petrin and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.
Download or read book The Theory of Enterprise Liability and Common Law Strict Liability written by Gregory C. Keating and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed Restatement Third, Torts: General Principles takes the position that there is no general conception of strict liability, only special instances of such liability. This paper argues that there is indeed a general conception of strict liability, namely, enterprise liability, and that enterprise liability is a conception of responsibility for harm done equal to and competitive with the fault principle. Enterprise liability emerges early in the 1900's and expands in influence throughout most of the twentieth century. At the very moment when fault theorists like Ames and Jeremiah Smith were proclaiming the triumph of the fault principle in the common law of torts, enterprise liability burst full-blown on the legal landscape, with the enactment of the first Worker's Compensation Acts. These Acts, as Jeremiah Smith saw, were "founded largely upon a theory inconsistent with the common law of torts." That theory - the theory of enterprise liability - went on to spread throughout the tort law of accidents, reshaping preexisting forms of strict and vicarious liability and blossoming in the products liability regime inaugurated by Section 402A of the Second Restatement. Enterprise liability played an important role in tort accident law throughout the twentieth century, expanding the domain of strict liability relative to negligence and increasing the strictness with which certain doctrines (such as res ipsa loquitur) were interpreted. Even during the current renaissance of negligence liability, enterprise liability continues to exert a powerful subterranean influence on the way negligence doctrine is formulated in such disparate areas as medical malpractice, special relationships and duty. The proposed Restatement, Third's portrayal of strict liability as a set of isolated exceptions to a general regime of fault liability is thus untrue to the history and theory of the tort law of accidents as it has come down to us at the start of this century. More disturbingly, this slighting of enterprise liability and celebration of fault liability covertly contributes to its own realization. By writing enterprise liability out of our law and treating all instances of strict liability as special cases with particular histories and peculiar rationales, the proposed Restatement, Third fosters the triumph of negligence over strict liability, a triumph it purports merely to find.
Download or read book Uniform Product Liability Act written by United States. Congress. House. Committee on Small Business. Subcommittee on General Oversight and Minority Enterprise and published by . This book was released on 1979 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impact of the Product Liability System on Small Business written by United States. Congress. House. Committee on Small Business. Subcommittee on SBA, the General Economy, and Minority Enterprise Development and published by . This book was released on 1992 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Products Liability as Enterprise Liability written by Gregory C. Keating and published by . This book was released on 2017 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prevailing wisdom abo ...
Download or read book The Idea of Fairness in the Law of Enterprise Liability written by Gregory C. Keating and published by . This book was released on 2019 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric of the decisions and the structure of the doctrines, and draws philosophical support from Kantian social contract theory. When enterprises are in a position to spread the costs of nonnegligent accidents across the class of those who benefit from the risks that inevitably issue in such accidents, enterprise liability is more reasonable than negligence liability. Under these circumstances, enterprise liability reconciles the competing claims of liberty and security more fairly, and more favorably, than negligence liability.
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 Liability Century written by Kenneth S. Abraham and published by Harvard University Press. This book was released on 2008-03-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
