Presumption of Innocence in Peril: A Comparative Critical Perspective, Gray Anthony

Автор: Gray, Anthony
Название: Freedom of speech in the western world
ISBN: 1498581986 ISBN-13(EAN): 9781498581981
Издательство: Bloomsbury
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Цена: 16187.00 р.
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Описание: Using several common law jurisdictions, including the United States, Canada, Australia, the United Kingdom, and Europe, this book examines various rationales for freedom of speech and the extent to which the law protects it, the important similarities and differences in jurisprudence, and what these systems can learn from each other.

Автор: Gray Anthony
Название: Vicarious Liability
ISBN: 1509920234 ISBN-13(EAN): 9781509920235
Издательство: Bloomsbury Academic
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Цена: 14256.00 р.
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Описание: 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.

Автор: Anthony Gray
Название: The Evolution from Strict Liability to Fault in the Law of Torts
ISBN: 1509940995 ISBN-13(EAN): 9781509940998
Издательство: Bloomsbury Academic
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Цена: 15048.00 р.
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Описание: 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.

Автор: Anthony Gray
Название: Vicarious Liability: Critique and Reform
ISBN: 1509943870 ISBN-13(EAN): 9781509943876
Издательство: Bloomsbury Academic
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Цена: 6176.00 р.
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Описание: 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.

Автор: Gray, Anthony
Название: Freedom of speech in practice
ISBN: 1498597718 ISBN-13(EAN): 9781498597715
Издательство: Bloomsbury
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Цена: 13365.00 р.
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Описание: This book considers the application of free speech principles in controversial contexts like the speech of public sector employees, hate speech, free speech in a university setting, and online speech.