Vicarious Liability

Author : Anthony Gray
Publisher : Bloomsbury Publishing
Page : 295 pages
File Size : 46,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509920235

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Vicarious Liability by Anthony Gray Pdf

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 : P. S. Atiyah
Publisher : Unknown
Page : 520 pages
File Size : 53,9 Mb
Release : 1967
Category : Damages
ISBN : STANFORD:36105043970156

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Vicarious Liability in the Law of Torts by P. S. Atiyah Pdf

Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 43,8 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139493079

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Vicarious Liability in Tort by Paula Giliker Pdf

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 : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 55,9 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509939084

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Vicarious Liability in the Common Law World by Paula Giliker Pdf

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.

Author : Anthony Gray (Law teacher)
Publisher : Unknown
Page : 282 pages
File Size : 47,8 Mb
Release : 2019
Category : Respondeat superior
ISBN : 1509920269

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Vicarious Liability by Anthony Gray (Law teacher) Pdf

"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.

Author : Anthony Gray
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 55,8 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509920259

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Vicarious Liability by Anthony Gray Pdf

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 : Thomas Baty
Publisher : Unknown
Page : 252 pages
File Size : 44,8 Mb
Release : 1916
Category : Agency (Law)
ISBN : STANFORD:36105044196678

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Vicarious Liability by Thomas Baty Pdf

"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.

Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 52,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121851

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Unification of Tort Law by Francesco Donato Busnelli Pdf

Covers various European countries, Israel, South Africa, and the United States.

Author : Christine Beuermann
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 48,5 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509917556

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Reconceptualising Strict Liability for the Tort of Another by Christine Beuermann Pdf

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 : Paula Giliker
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2023
Category : Common law
ISBN : 1509939105

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Vicarious Liability in the Common Law World by Paula Giliker Pdf

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. ...

Author : Philip H. Osborne
Publisher : Unknown
Page : 532 pages
File Size : 51,7 Mb
Release : 2011
Category : Damages
ISBN : 1552212122

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The Law of Torts by Philip H. Osborne Pdf

The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.

Author : Mariel Irvine
Publisher : Law Brief Publishing Limited
Page : 88 pages
File Size : 47,5 Mb
Release : 2018-10
Category : Electronic
ISBN : 1911035797

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A Practical Guide to Vicarious Liability by Mariel Irvine Pdf

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.

Author : Claire McIvor
Publisher : Hart Pub Limited
Page : 296 pages
File Size : 48,7 Mb
Release : 2015-09-01
Category : Law
ISBN : 1841138657

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Vicarious Liability in Tort by Claire McIvor Pdf

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.

Author : M. Stuart Madden
Publisher : Cambridge University Press
Page : 508 pages
File Size : 54,9 Mb
Release : 2005-09-26
Category : Law
ISBN : 052185136X

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Exploring Tort Law by M. Stuart Madden Pdf

This is a collection of scholarship from the most influential contributors regarding Torts law.

Author : Kirsty Horsey,Erika Rackley
Publisher : Oxford University Press
Page : 727 pages
File Size : 54,6 Mb
Release : 2017
Category : Torts
ISBN : 9780198785286

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Tort Law by Kirsty Horsey,Erika Rackley Pdf

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.