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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.

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 : 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.

Frolic Of His Own


Author : William Gaddis
language : en
Publisher: Simon and Schuster
Release Date : 2013-06-18

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Download Frolic Of His Own written by William Gaddis and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-18 with Fiction categories.


A dazzling fourth novel by the author of The Recognitions, Carpenter’s Gothic, and JR uses his considerable powers of observation and satirical sensibilities to take on the American legal system.

Vicarious Liability


Author : Anthony Gray
language : en
Publisher: Hart Publishing
Release Date : 2018-09-20

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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 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, that would serve to narrow the circumstances in which an employer was legally liable for a wrong committed by an employee.

Unlocking Torts


Author : Chris Turner
language : en
Publisher: Routledge
Release Date : 2013-08-29

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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.

Tort Law


Author : Keith N. Hylton
language : en
Publisher: Cambridge University Press
Release Date : 2016-06-06

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Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern tort classrooms.