Vicarious Liability In The Common Law World

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Vicarious Liability in the Common Law World

Author : Paula Giliker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939091
Total Pages : 267 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Vicarious Liability in the Common Law World by : Paula Giliker

Download or read book Vicarious Liability in the Common Law World written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vicarious Liability

Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920234
Total Pages : 295 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Vicarious Liability by : Anthony Gray

Download or read book Vicarious Liability written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text

Author : F. H. Lawson
Publisher : Cambridge University Press
ISBN 13 : 9780521235853
Total Pages : 276 pages
Book Rating : 4.2/5 (358 download)

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Book Synopsis Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text by : F. H. Lawson

Download or read book Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text written by F. H. Lawson and published by Cambridge University Press. This book was released on 1982-09-16 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Vicarious Liability in Tort

Author : Paula Giliker
Publisher : Cambridge University Press
ISBN 13 : 1139493078
Total Pages : 331 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Vicarious Liability in Tort by : Paula Giliker

Download or read book Vicarious Liability in Tort written by Paula Giliker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Common Law of Obligations

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 178225658X
Total Pages : 376 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Common Law of Obligations by : Andrew Robertson

Download or read book The Common Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vicarious Liability in the Law of Torts

Author : P. S. Atiyah
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Vicarious Liability in the Law of Torts by : P. S. Atiyah

Download or read book Vicarious Liability in the Law of Torts written by P. S. Atiyah and published by . This book was released on 1967 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The King Can Do No Wrong

Author : Marie-France Fortin
Publisher : Oxford University Press
ISBN 13 : 0198886926
Total Pages : 353 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The King Can Do No Wrong by : Marie-France Fortin

Download or read book The King Can Do No Wrong written by Marie-France Fortin and published by Oxford University Press. This book was released on 2024-07-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.

Unification of Tort Law

Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121854
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unification of Tort Law by : Francesco Donato Busnelli

Download or read book Unification of Tort Law written by Francesco Donato Busnelli and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.

Vicarious Liability

Author : Thomas Baty
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Vicarious Liability by : Thomas Baty

Download or read book Vicarious Liability written by Thomas Baty and published by . This book was released on 1916 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A short history of the liability of employers, principals, partners, associations and trade-union members, with a chapter on the laws of Scotland and foreign states."--T.p.

Enterprise Liability and the Common Law

Author : Douglas Brodie
Publisher :
ISBN 13 : 9780511918971
Total Pages : 190 pages
Book Rating : 4.9/5 (189 download)

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Book Synopsis Enterprise Liability and the Common Law by : Douglas Brodie

Download or read book Enterprise Liability and the Common Law written by Douglas Brodie and published by . This book was released on 2010 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Douglas Brodie examines how the common law has evolved to address concerns about corporate social responsibility.

Vicarious Liability

Author : Anthony Gray (Law teacher)
Publisher :
ISBN 13 : 9781509920266
Total Pages : 282 pages
Book Rating : 4.9/5 (22 download)

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Book Synopsis Vicarious Liability by : Anthony Gray (Law teacher)

Download or read book Vicarious Liability written by Anthony Gray (Law teacher) and published by . This book was released on 2019 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Tort Law: Challenging Orthodoxy

Author : Stephen G.A. Pitel
Publisher : A&C Black
ISBN 13 : 1782252509
Total Pages : 783 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Tort Law: Challenging Orthodoxy by : Stephen G.A. Pitel

Download or read book Tort Law: Challenging Orthodoxy written by Stephen G.A. Pitel and published by A&C Black. This book was released on 2014-07-18 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Foundations of Legal Liability: Common-law actions

Author : Thomas Atkins Street
Publisher :
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Foundations of Legal Liability: Common-law actions by : Thomas Atkins Street

Download or read book The Foundations of Legal Liability: Common-law actions written by Thomas Atkins Street and published by . This book was released on 1906 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Emerging Issues in Tort Law

Author : Jason W. Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317014
Total Pages : 610 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Emerging Issues in Tort Law by : Jason W. Neyers

Download or read book Emerging Issues in Tort Law written by Jason W. Neyers and published by Bloomsbury Publishing. This book was released on 2007-05-29 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Foundations of Legal Liability

Author : Thomas Atkins Street
Publisher :
ISBN 13 :
Total Pages : 542 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis The Foundations of Legal Liability by : Thomas Atkins Street

Download or read book The Foundations of Legal Liability written by Thomas Atkins Street and published by . This book was released on 1906 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Strict and Vicarious Liability

Author : Leonard Herschel Leigh
Publisher : Taylor & Francis
ISBN 13 : 9780421267701
Total Pages : 121 pages
Book Rating : 4.2/5 (677 download)

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Book Synopsis Strict and Vicarious Liability by : Leonard Herschel Leigh

Download or read book Strict and Vicarious Liability written by Leonard Herschel Leigh and published by Taylor & Francis. This book was released on 1982 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revolution and Evolution in Private Law

Author : Sarah Worthington
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913262
Total Pages : 371 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington

Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.