Vicarious Liability in the Common Law World, Paula Giliker

Автор: Giliker
Название: Vicarious Liability in Tort
ISBN: 1107627486 ISBN-13(EAN): 9781107627482
Издательство: Cambridge Academ
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Цена: 5069.00 р.
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Описание: Vicarious liability is controversial: a principle of strict liability in an area of law dominated by fault-based liability. This book provides a detailed examination of the operation of the concept in both common and civil law legal systems.

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: 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: Brodie
Название: Enterprise Liability and the Common Law
ISBN: 110763010X ISBN-13(EAN): 9781107630109
Издательство: Cambridge Academ
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Цена: 5069.00 р.
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Описание: The reform of the law of tort in order to meet concerns about corporate social responsibility has not been without controversy. Douglas Brodie offers a critique of the employer`s common law obligations, both in tort and under the law of contract of employment.