Vicarious Liability in Tort
Vicarious Liability in Tort

Author: Paula Giliker

Publisher: Cambridge University Press

Published: 2010-10-28

Total Pages: 331

ISBN-13: 1139493078

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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
Exploring Tort Law

Author: M. Stuart Madden

Publisher: Cambridge University Press

Published: 2005-09-26

Total Pages: 508

ISBN-13: 9780521851367

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

Vicarious Liability
Vicarious Liability

Author: Anthony Gray

Publisher: Bloomsbury Publishing

Published: 2018-09-20

Total Pages: 295

ISBN-13: 1509920234

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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 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.

Reconceptualising Strict Liability for the Tort of Another
Reconceptualising Strict Liability for the Tort of Another

Author: Christine Beuermann

Publisher: Bloomsbury Publishing

Published: 2019-11-28

Total Pages: 255

ISBN-13: 1509917543

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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.

Tort Law
Tort Law

Author: Mark Lunney

Publisher: Oxford University Press

Published: 2008

Total Pages: 1059

ISBN-13: 0199211361

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Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

Casebook on Tort Law
Casebook on Tort Law

Author: Kirsty Horsey

Publisher: Oxford University Press

Published: 2021

Total Pages: 600

ISBN-13: 0192893653

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A companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements of a case.

Frolic of His Own
Frolic of His Own

Author: William Gaddis

Publisher: Simon and Schuster

Published: 2013-06-18

Total Pages: 709

ISBN-13: 1439125473

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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.

Liability of Corporate Groups and Networks
Liability of Corporate Groups and Networks

Author: Christian A. Witting

Publisher: Cambridge University Press

Published: 2018-01-11

Total Pages: 501

ISBN-13: 1107039924

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Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Tort Law in Belgium
Tort Law in Belgium

Author: Marc Kruithof

Publisher: Kluwer Law International B.V.

Published: 2018-05-09

Total Pages: 151

ISBN-13: 9403500646

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.