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Vicarious Liability in the Common Law World

Author: Paula Giliker

Publisher: Bloomsbury Publishing

Published: 2022-10-20

Total Pages: 267

ISBN-13: 1509939091

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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.

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 in the Common Law World

Author: Paula Giliker

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781509939107

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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 . This book was released on 2023 with total page 0 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

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.

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.

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.

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.

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

Author: F. H. Lawson

Publisher: Cambridge University Press

Published: 1982-09-16

Total Pages: 276

ISBN-13: 9780521235853

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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 the Law of Torts

Author: P. S. Atiyah

Publisher:

Published: 1967

Total Pages: 520

ISBN-13:

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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:

A Modern View of the Law of Torts

Author: J. S. Colyer

Publisher: Elsevier

Published: 2014-05-16

Total Pages: 254

ISBN-13: 1483156389

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A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

Book Synopsis A Modern View of the Law of Torts by : J. S. Colyer

Download or read book A Modern View of the Law of Torts written by J. S. Colyer and published by Elsevier. This book was released on 2014-05-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

The Common Law of Obligations

Author: Andrew Robertson

Publisher: Bloomsbury Publishing

Published: 2016-01-28

Total Pages: 376

ISBN-13: 178225658X

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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.

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

Author: Anthony Gray (Law teacher)

Publisher:

Published: 2019

Total Pages: 282

ISBN-13: 9781509920266

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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."--Bloomsbury Publishing.

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.

Emerging Issues in Tort Law

Author: Jason W. Neyers

Publisher: Bloomsbury Publishing

Published: 2007-05-29

Total Pages: 610

ISBN-13: 1847317014

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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.

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.