The Evolution from Strict Liability to Fault in the Law of Torts, Anthony Gray
Автор: Burrows Qc Fba, Andrew (barrister And Honorary Ben Название: Remedies for torts, breach of contract, and equitable wrongs ISBN: 0198705948 ISBN-13(EAN): 9780198705949 Издательство: Oxford Academ Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Remedies for Torts, Breach of Contract, and Equitable Wrongs, fourth edition, is a major text for students, legal practitioners and academics. Celebrated as a leading work on judicial remedies for civil wrongs in English law, this accessible and enduring work is extensively revised for its fourth edition (2019).
Автор: Sarah Worthington, Andrew Robertson, Graham Virgo Название: Revolution and Evolution in Private Law ISBN: 1509938230 ISBN-13(EAN): 9781509938230 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Paula Giliker Название: Vicarious Liability in the Common Law World ISBN: 1509939075 ISBN-13(EAN): 9781509939077 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Описание: This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems – vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds).Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the risk of digital autonomy, hybrids the risk of double contingency in human-algorithm encounters, crowds the risk of opaque interconnections. The book demonstrates that the law needs to respond to these specific risks, by recognising personified algorithms as vicarious agents, human-machine associations as collective enterprises, and interconnected systems as risk pools – and by developing corresponding liability rules.The book relies on a unique combination of information technology studies, sociological institution and risk analysis, and comparative law. This approach uncovers recursive relations between types of machine behaviour, emergent socio-digital institutions, their concomitant risks, legal conditions of liability rules, and ascription of legal status to the algorithms involved.
In 1992, a preventable explosion at the Westray Mine in Plymouth, Nova Scotia, killed twenty-six miners. More than a decade later, the government introduced revisions to the Criminal Code of Canada aimed at strengthening corporate criminal liability. Bill C-45, dubbed the Westray bill, requires employers to ensure a safe workplace and attributes criminal liability to organizations for seriously injuring or killing workers and/or the public.
In Still Dying for a Living, Steven Bittle turns a critical eye on Canada’s corporate criminal liability law. Interweaving Foucauldian and neo-Marxist literatures with in-depth interviews and parliamentary transcripts, Bittle reveals how various legal, economic, and cultural discourses surrounding the Westray bill downplayed the seriousness of workplace injury and death, effectively characterizing these crimes as regrettable but largely unavoidable accidents. As long as the primary causes of workplace injury and death are not properly scrutinized, Bittle argues, workers will continue to die in the pursuit of earning a living.
Автор: Anthony Gray Название: Vicarious Liability: Critique and Reform ISBN: 1509943870 ISBN-13(EAN): 9781509943876 Издательство: Bloomsbury Academic Рейтинг: Цена: 6176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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: Whittaker Название: The Development of Product Liability ISBN: 1107475562 ISBN-13(EAN): 9781107475564 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The legal problems of product liability have changed in response to new manufacturing and distribution methods. This examination of western-European legal systems combines legal history and comparative law to demonstrate how tort law has adapted to meet these new conditions.
This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems - vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds).
Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the risk of digital autonomy, hybrids the risk of double contingency in human-algorithm encounters, crowds the risk of opaque interconnections. The book demonstrates that the law needs to respond to these specific risks, by recognising personified algorithms as vicarious agents, human-machine associations as collective enterprises, and interconnected systems as risk pools - and by developing corresponding liability rules. The book relies on a unique combination of information technology studies, sociological institution and risk analysis, and comparative law. This approach uncovers recursive relations between types of machine behaviour, emergent socio-digital institutions, their concomitant risks, legal conditions of liability rules, and ascription of legal status to the algorithms involved.
Автор: Ernst Название: The Development of Traffic Liability ISBN: 1107475759 ISBN-13(EAN): 9781107475755 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rail and road accidents arose as new sources of harm almost simultaneously across Western Europe. This volume uses national examples to show how different legal systems developed diverging solutions. The stability of each solution suggests that the background insurance position has been settled in these countries, albeit in differing ways.
Автор: Gordley Название: The Development of Liability between Neighbours ISBN: 1107475635 ISBN-13(EAN): 9781107475632 Издательство: Cambridge Academ Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Cases arising from disputes between neighbours fall on the boundary between the law of tort and the law of property. This book examines the importance of these categories, as well as the extent to which social and economic changes have had an impact on the analysis of tortuous liability.
Автор: Hondius Название: The Development of Medical Liability ISBN: 1107475821 ISBN-13(EAN): 9781107475823 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Social expectations of what doctors and hospitals can achieve have changed significantly since 1850. This book looks at how the law in various European countries has adapted the liability of health professionals in tort and other systems of compensation.
Автор: Attila Fenyves, Christa Kissling, Stefan Perner, D Название: Compulsory Liability Insurance from a European Perspective ISBN: 3110484692 ISBN-13(EAN): 9783110484694 Издательство: Walter de Gruyter Рейтинг: Цена: 27884.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular:
the aims of provisions stating an obligation to take out liability insurance
the mandatory content of insurance cover
the protection mechanisms linked to compulsory liability insurance
the control mechanisms and the sanctions imposed
structural deficiencies of existing compulsory liability insurance systems
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