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 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 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 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 Casebook on Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2021 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements of a case.
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 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 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 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 Unlocking Torts written by Chris Turner and published by Routledge. This book was released on 2013-08-29 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of torts is a vibrant and fast-moving area of the legal system. Unlocking Torts will ensure that you grasp the main concepts with ease providing you with an essential foundation to tort law. This third edition is fully up-to-date with the latest developments in the law and now includes all significant new cases, more discussion of consumer protection and recent information on proposed statutory developments in the area of liability for animals.
Download or read book Tort Law in the United States written by H. Beau Baez III and published by Kluwer Law International B.V.. This book was released on 2023-07-20 with total page 285 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 the the United States. 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 the the United States. 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 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 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 The Law of Torts written by Philip H. Osborne and published by . This book was released on 2003 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated second edition of "The Law of Torts," Professor Osborne provides a concise and accessible introduction to the essential principles of tort law and to the social policies that support these principles. The book is written for students who are coming to the study of torts for the first time and for practitioners who may be looking for an up-to-date refresher of the basic principles underlying judicial policies and current trends. Professor Osborne reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence. He concludes with an insightful commentary on the present state of tort law in Canada and its future as we move into the 21st century. The book includes an extensive glossary of terms.
Download or read book The Law of Torts written by Sir John William Salmond and published by . This book was released on 1910 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Download or read book Tort Law And Criminal Law And Contract Law written by Johnny Ch Lok and published by . This book was released on 2019-09-05 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: (10)Strict liability torts and Vicarious liabilityStrict LiabilityStrict or absolute liability is the legal responsibility for damage or injury, even if the person found strictly liable was not at fault. In order to prove strict liability in tort, plaintiff needs to prove only that the tort happened and that the defendant was responsible for the act or omission. In the case of strict liability in the USA, neither good faith nor the fact that the defendant took all possible precautions is a valid defense. A common example of strict liability is imposing product liability in the case of defectively manufactured products.Strict liability applies especially in cases involving hazardous or dangerous activities.Generally, liability based on a tort only arises where the defendant either intended to cause harm to the plaintiff or in situations where the defendant is negligent. However, in some areas, liability can arise even when there is no intention to cause harm or negligence. For example, when a contractor uses dynamite which causes debris to be thrown onto the land of another and damages a landowner's house, the landowner may recover damages from the contractor even if the contractor was not negligent and did not intend to cause any harm. Basically, society is saying that the activity is so dangerous to the public that there must be liability. However, society is not going so far as to outlaw the activity.Example: Acme Construction Company was constructing a highway. It was necessary to blast rock with dynamite. The corporation's employees did this with the greatest of care. In spite of theirprecautions, some flying fragments of rock damaged a neighboring house. The owner of the house sued the corporation for damages. The corporation raised the defense that the owner was suing for tort damages and that such damages could not be imposed because the corporation had been free from fault. Was this defense valid? No. While ordinarily fault is the basis of tort liability, there are cases in which absolute liability is imposed on the actor. This means that when harm is caused, it is no defense that none was intended or that due care had been exercised to prevent the harm.Other examples of absolute liability situations would be harm caused by storage of flammable gas and explosives, factories which produce dangerous fumes or smoke in populated areas, and the production of nuclear material. Vicarious liability is the responsibility of the superior for the acts of their subordinate. It is the responsibility of a third party who has the right, ability or duty to control the activities of a violator.Typically liability flows from the relationship of master and servant. The relationship includes thepower to direct the servant in the execution of the duties of his/her employment, and to control theacts that no injury is done to third persons.An employer can be held vicariously liable for an employee's tortious act against the person orproperty of a third party in a transaction of the employer's business. If a negligent act is committed by an employee acting within the general scope of her or his employment, the employer will be held liable for damages. For example, if the driver of a gasoline delivery truck runs a red light on the way to a gas station and strikes another car, causing injury, the gasoline delivery company will be responsible for the damage if the driver is found to be negligent.
