Reconceptualising Strict Liability For The Tort Of Another
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Reconceptualising Strict Liability For The Tort Of Another
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Author : Christine Beuermann
language : en
Publisher:
Release Date :
Reconceptualising Strict Liability For The Tort Of Another written by Christine Beuermann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Respondeat superior categories.
II. Making the Boundaries Clear -- III. Conclusion -- 8. Miscellaneous Categories of Strict Liability for the Tort of Another -- I. Partner Strict Liability -- II. Strict Liability for a Tort Committed by a Person upon whom Authority has been Conferred to Deal with a Bailor's Goods -- III. Strict Liability for a Tort Committed by a Person Driving a Car for the Owner's Purposes? -- IV. Conclusion -- 9. Conclusion -- I. The Importance of the Book -- II. Authority -- III. Normative Underpinnings IV. Personal Liability v Strict Liability -- V. Where to from here?.
Reconceptualising Strict Liability For The Tort Of Another
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Author : Christine Beuermann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
Reconceptualising Strict Liability For The Tort Of Another written by Christine Beuermann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
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.
Reconceptualising Strict Liability For The Tort Of Another
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Author : Christine Beuermann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
Reconceptualising Strict Liability For The Tort Of Another written by Christine Beuermann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
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.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
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.
Restitution Of Overpaid Tax
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Author : Steven Elliott KC
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Restitution Of Overpaid Tax written by Steven Elliott KC and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.
Tort Law
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Author : Tjong Tjin Tai, Eric
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06
Tort Law written by Tjong Tjin Tai, Eric and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.
Street On Torts
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Author : Christian Witting
language : en
Publisher: Oxford University Press
Release Date : 2021
Street On Torts written by Christian Witting and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Torts categories.
'Street on Torts' provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations.
Corporate Attribution In Private Law
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Author : Rachel Leow
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Corporate Attribution In Private Law written by Rachel Leow and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.
Money Awards In Contract Law
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Author : David Winterton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-06-18
Money Awards In Contract Law written by David Winterton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-18 with Law categories.
The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues, such as the recovery of damages for non-pecuniary loss, are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v Harman. According to this conventional interpretation, the objective of all money awards given in accordance with the Robinson v Harman principle is simply to 'compensate' the promisee for the 'loss' that can be attributed to the promisor's failure to perform as promised. After challenging this orthodoxy, Dr Winterton proposes a new understanding of the Robinson v Harman principle, which draws an important distinction between money awards that substitute for the performance promised and money awards that aim to make good certain detrimental factual consequences that can be attributed to a promisor's breach. In exploring the significance of this distinction, the different principles underpinning the quantification and restriction of each kind of award are explored in addition to some important theoretical issues such as the effect that the occurrence of a breach has on the rights generated by contract formation. The book's unifying objective is to outline a coherent picture of the law of contractual money awards. It will be of interest to judges, practitioners and academics alike. Nominated for the 2018 St Petersburg International Legal Forum Private Law Prize!
Vicarious Liability In Tort
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Author : Paula Giliker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
Vicarious Liability In Tort written by Paula Giliker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
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.