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Vicarious Liability In The Law Of Torts


Author : P. S. Atiyah
language : en
Publisher:
Release Date : 1967

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Vicarious Liability In Tort


Author : Paula Giliker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28

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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.

Exploring Tort Law


Author : M. Stuart Madden
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-26

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Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. In the US, state courts, federal courts, and the Supreme Court have all been active in the development of Tort policy. This edited collection comprises scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship. Topics include an investigation of the original stimuli for tort-type norms from ancient times onwards, a provocative analysis of five tort landmarks from MacPherson v. Buick Motor Co. to United States v. Carroll Towing Co, and a frank assessment of the limitations of torts within broader compensation systems goals.

Vicarious Liability In Tort


Author : Claire McIvor
language : en
Publisher: Hart Pub Limited
Release Date : 2015-09-01

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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.

Tort Law


Author : Jenny Steele
language : en
Publisher: Oxford University Press
Release Date : 2017-07-27

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Tort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials to provide the perfect balance of support and encouragement. The author introduces the fundamental principles of the subject before moving on to discuss more challenging issues, thereby ensuring a full understanding of the subject and encouraging an appreciation of the more complex debates surrounding the law of tort. The book is intended to be a stand-alone text and to provide students with a comprehensive source of relevant materials in this one easy-to-use volume. This text is accompanied by an Online Resource Centre featuring updates on the latest developments in tort law, and web links to reliable and accurate resources for further study.

Questions Answers Law Of Torts


Author : David Oughton
language : en
Publisher: Oxford University Press, USA
Release Date : 2015-01-08

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If you're feeling overwhelmed by a sea of revision, let OUP's Questions and Answers series keep you afloat! Written by experienced examiners, the Q&As offer expert advice on what to expect from your exam, how best to prepare, and guidance on what examiners are really looking for. Revision isn't always plain sailing, but the Q&As will allow you to approach your exams with confidence. Q&As will help you succeed by: - identifying typical law exam questions - giving you model answers for up to 50 essay and problem-based questions - demonstrating how to structure a good answer - helping you to avoid common mistakes - advising you on how to make your answer stand out from the crowd - teaching you how to use your existing knowledge to convey exactly what the examiner is looking for - directing you to related further reading

The Anatomy Of Tort Law


Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 1997

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Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.