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 the Law of Torts written by P. S. Atiyah and published by . This book was released on 1967 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Vicarious Liability in the Common Law World written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Vicarious Liability written by Thomas Baty and published by . This book was released on 1916 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
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 244 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 Vicarious Liability written by Anthony Gray (Law teacher) and published by . This book was released on 2019 with total page 282 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."--Bloomsbury Publishing.
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 288 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 Tort Law written by Mark Lunney and published by Oxford University Press. This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Exploring Tort Law written by M. Stuart Madden and published by Cambridge University Press. This book was released on 2005-09-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of scholarship from the most influential contributors regarding Torts law.
Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.
Download or read book Vicarious Liability in Tort written by Claire McIvor and published by Hart Pub Limited. This book was released on 2015-09-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a comprehensive and up-to-date critical account of the much-used but little-understood doctrine of no-fault employer liability for the torts of employees. Starting from the premise that the current law on vicarious liability is both unprincipled and theoretically incoherent, this book deconstructs the normative foundations of the doctrine of vicarious liability and seeks to advance a sound theoretical account of its nature, purpose and functions. Using this theoretical account as an analytical framework, the book proceeds to critically evaluate each of the central features of the doctrine, with individual chapters on the employee/independent contractor distinction, the 'course of employment' requirement and the need for a tort to have been committed. The relationship between vicarious liability and other rules of attribution, such as joint and several liability and the doctrine of agency are also explored in an attempt to address current conceptual confusions surrounding the notion of liability for the acts of others.
Download or read book Tort Law in Belgium written by Marc Kruithof and published by Kluwer Law International B.V.. This book was released on 2018-05-09 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book Vicarious Liability in the Common Law World written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Unification of Tort Law written by Francesco Donato Busnelli and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.
Download or read book A Practical Guide to Vicarious Liability written by Mariel Irvine and published by Law Brief Publishing Limited. This book was released on 2018-10 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to provide a practical guide to the evolving policy considerations which underpin this doctrine in the law of negligence, and in intentional and reliance torts.
