Vicarious Liability In The Common Law World

Author : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 48,6 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509939091

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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 : Paula Giliker
Publisher : Unknown
Page : 0 pages
File Size : 45,9 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 : Anthony Gray
Publisher : Bloomsbury Publishing
Page : 295 pages
File Size : 41,5 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 : Andrew Robertson,Michael Tilbury
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 45,9 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781782256588

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The Common Law of Obligations by Andrew Robertson,Michael Tilbury Pdf

The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.

Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 45,5 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 : F. H. Lawson,B. S. Markesinis
Publisher : Cambridge University Press
Page : 276 pages
File Size : 53,9 Mb
Release : 1982-09-16
Category : Law
ISBN : 0521235855

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Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text by F. H. Lawson,B. S. Markesinis Pdf

Author : Stephen G.A. Pitel,Jason W. Neyers,Erika Chamberlain
Publisher : A&C Black
Page : 783 pages
File Size : 45,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252504

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Tort Law: Challenging Orthodoxy by Stephen G.A. Pitel,Jason W. Neyers,Erika Chamberlain Pdf

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Author : Jason W. Neyers,Erika Chamberlain,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 610 pages
File Size : 43,7 Mb
Release : 2007-05-29
Category : Law
ISBN : 9781847317018

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Emerging Issues in Tort Law by Jason W. Neyers,Erika Chamberlain,Stephen G.A. Pitel Pdf

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.

Author : P. S. Atiyah
Publisher : Unknown
Page : 520 pages
File Size : 46,8 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 : J. S. Colyer
Publisher : Elsevier
Page : 254 pages
File Size : 49,7 Mb
Release : 2014-05-16
Category : Law
ISBN : 9781483156385

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A Modern View of the Law of Torts by J. S. Colyer Pdf

A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

Author : Anthony Gray (Law teacher)
Publisher : Unknown
Page : 282 pages
File Size : 52,6 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 : Sarah Worthington,Andrew Robertson,Graham Virgo
Publisher : Bloomsbury Publishing
Page : 390 pages
File Size : 43,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781509913251

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Revolution and Evolution in Private Law by Sarah Worthington,Andrew Robertson,Graham Virgo Pdf

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Author : Stephen M. D. Todd,Cynthia Hawes,W. R. Atkin,Ursula Cheer,Andru Isac
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2023
Category : Torts
ISBN : 1991102372

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Todd on Torts by Stephen M. D. Todd,Cynthia Hawes,W. R. Atkin,Ursula Cheer,Andru Isac Pdf

"The many and varied developments in the field of torts during the last 4 years mean that this new, 9th edition of Todd on Torts (formerly The Law of Torts in New Zealand) already is needed. As with previous editions, it seeks to explain and to discuss the evolving law in New Zealand and also to cover significant developments in the wider common law world. Major new or rewritten topics include: *The impact of tikanga Māori on the developing common law of torts Using proceedings in tort as a means of controlling global warming;*The scope of the duty of care and the relationship between the duty issue and the cause of harm; *Liability issues arising out of a biosecurity failure at New Zealand’s borders; *The direct liability of parent companies for the torts of their subsidiaries; *Visual intrusion into property as constituting a nuisance; *The ambit of the elements to vicarious liability. Todd on Torts is the definitive tort work for law students and practitioners. Its exemplary standards and authoritative reputation are both demonstrated by the fact that it is the book most frequently cited in decisions of the New Zealand Courts." --Publisher.

Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 55,7 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 : Douglas Brodie
Publisher : Cambridge University Press
Page : 202 pages
File Size : 49,6 Mb
Release : 2010-10-28
Category : Law
ISBN : 0521762014

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Enterprise Liability and the Common Law by Douglas Brodie Pdf

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.