Vicarious Liability

Vicarious Liability
Author: Anthony Gray
Publsiher: Bloomsbury Publishing
Total Pages: 288
Release: 2018-09-20
Genre: Law
ISBN: 9781509920242

Download Vicarious Liability Book in PDF, Epub and Kindle

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

Vicarious Liability in Tort
Author: Paula Giliker
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2010-10-28
Genre: Law
ISBN: 9781139493079

Download Vicarious Liability in Tort Book in PDF, Epub and Kindle

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.

Vicarious Liability in the Law of Torts

Vicarious Liability in the Law of Torts
Author: P. S. Atiyah
Publsiher: Unknown
Total Pages: 452
Release: 1967
Genre: Damages
ISBN: STANFORD:36105043970156

Download Vicarious Liability in the Law of Torts Book in PDF, Epub and Kindle

Exploring Tort Law

Exploring Tort Law
Author: M. Stuart Madden
Publsiher: Cambridge University Press
Total Pages: 492
Release: 2005-09-26
Genre: Law
ISBN: 052185136X

Download Exploring Tort Law Book in PDF, Epub and Kindle

This is a collection of scholarship from the most influential contributors regarding Torts law.

Vicarious Liability

Vicarious Liability
Author: Anthony Gray
Publsiher: Bloomsbury Publishing
Total Pages: 288
Release: 2018-09-20
Genre: Law
ISBN: 9781509920259

Download Vicarious Liability Book in PDF, Epub and Kindle

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.

Criminal Law

Criminal Law
Author: Jonathan Herring,Marise Cremona
Publsiher: Macmillan International Higher Education
Total Pages: 361
Release: 1998-11-11
Genre: Commercial law
ISBN: 9781349135615

Download Criminal Law Book in PDF, Epub and Kindle

Cremona and Herring provide an approachable and thorough overview of the fundamentals of English criminal law. The book examines the principles of criminal liability and the central offences against persons and property highlighting interesting and controversial aspects of the law, as well as considering topical issues including the Draft Criminal Code. Legislation and recent caselaw are explained in accessible language and some of the criticisms and analysis of the law are discussed. Features of this second fully updated edition include a completely new chapter, which considers some of the principles which underlie criminal law. There are new sections on computer crimes, blackmail and forgery.

Corporations Law in Australia

Corporations Law in Australia
Author: Roman Tomasic,Stephen Bottomley,Rob McQueen
Publsiher: Federation Press
Total Pages: 893
Release: 2002
Genre: Corporation law
ISBN: 1862873143

Download Corporations Law in Australia Book in PDF, Epub and Kindle

The second edition of this text incorporates the latest changes to Australian corporations law, up to and including the Corporations Act 2001 and the Financial Services Reform Act 2001. Like the 1st edition, this text is written particularly for undergraduate law students. The book introduces students to Australian corporate law in a way that is informed by theory and policy. Throughout the book the authors draw upon materials from fields such as economics, sociology and politics to provide a contextually relevant account of modern corporate law. Ample references and pointers are provided to policy debates, contemporary issues, and to further reading. The authors bring considerable experience in interdisciplinary corporate law teaching and research. The authors aim to stimulate the reader into further critical analysis of corporate law issues, and to equip them with the capacity to respond in an informed way to future changes and developments. The book also encourages the reader to independently pursue further research in areas of corporate law. Each of the 25 chapters has been revised and updated. The book deals with: Introduction - the history of corporate law, and key themes and perspectives. Corporate Structures and Regulation - including the structure of Australian corporate law; ASIC's role and powers; and the role of auditors. Corporate Obligations - including corporate capacity; contractual and criminal liability. Corporate Governance - membership and meetings; directors' duties; shareholders' rights. Corporate Finance - including share and debt capital, the Managed Investments Act 1998, and fundraising. Securities and Takeovers Corporate Rescues and Winding Up

Reconceptualising Strict Liability for the Tort of Another

Reconceptualising Strict Liability for the Tort of Another
Author: Christine Beuermann
Publsiher: Bloomsbury Publishing
Total Pages: 240
Release: 2019-11-28
Genre: Law
ISBN: 9781509917549

Download Reconceptualising Strict Liability for the Tort of Another Book in PDF, Epub and Kindle

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Tort Law

Tort Law
Author: Kirsty Horsey,Erika Rackley
Publsiher: Oxford University Press
Total Pages: 720
Release: 2017-07-13
Genre: Law
ISBN: 9780198785286

Download Tort Law Book in PDF, Epub and Kindle

This best-selling undergraduate textbook from leading academics Kirsty Horsey & Erika Rackley gives a comprehensive grounding in tort law and carefully chosen learning features help students to become engaged and critical thinkers. This lively and though-provoking account allows students to understand rather than simply learn the law. The problem questions in each chapter help students to understand how the law works in its practical context and to begin to consider potential issues and debates. Carefully chosen features such as 'counterpoint' and 'pause for reflection' boxes enable students to think more deeply and critically about the law. The text is accompanied by an extensive Online Resource Centre, which includes the following resources: - Downloadable annotated judgments, statutes, and problem questions - Outline answers to questions in the book - Annotated web links to external web resources and videos - Flashcard glossary of legal terms used in the book - Additional content on elements of a claim in the tort of negligence and on product liability - Test bank of 200 questions and answers for lecturers' use in assessing students

Casebook on Tort Law

Casebook on Tort Law
Author: Kirsty Horsey,Erika Rackley
Publsiher: Unknown
Total Pages: 600
Release: 2021
Genre: Torts
ISBN: 0191914924

Download Casebook on Tort Law Book in PDF, Epub and Kindle

Unlocking Torts

Unlocking Torts
Author: Chris Turner
Publsiher: Routledge
Total Pages: 512
Release: 2013-12-13
Genre: Law
ISBN: 9781444171082

Download Unlocking Torts Book in PDF, Epub and Kindle

Tort law is a core element of every law degree in England and Wales. Unlocking Torts will ensure you grasp the main concepts with ease. This book explains in detailed, yet straightforward, terms: Negligence and negligence related torts including occupiers' liability and employers' liability Land based torts such as trespass, nuisance and Rylands v Fletcher Liability for animals Torts relating to goods Trespass to the person Defamation and other torts relating to reputation Economic torts, breach of a statutory duty, vicarious liability, defences and remedies The fourth edition is fully up to date with the major recent cases including major developments in vicarious liability. It also includes changes after the Defamation Act 2013. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge, and diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The series website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.

The Anatomy of Tort Law

The Anatomy of Tort Law
Author: Peter Cane
Publsiher: Hart Publishing
Total Pages: 243
Release: 1997
Genre: Law
ISBN: 9781901362091

Download The Anatomy of Tort Law Book in PDF, Epub and Kindle

No Marketing Blurb

Cause of Action

Cause of Action
Author: Janet E. Smith
Publsiher: Unknown
Total Pages: 317
Release: 2011
Genre: Premises liability
ISBN: 0779836308

Download Cause of Action Book in PDF, Epub and Kindle

"Cause of Action: Occupiers' Liability provides a succinct overview of occupiers' liability law from the standpoint of the litigator, incorporating the latest case law and legislative developments in an easy-to-understand format. This primer takes you step-by-step through the basic principles and issues in this area of law, and how the various concepts apply in practice and litigation.

Essentials of Sports Law

Essentials of Sports Law
Author: Glenn M. Wong
Publsiher: ABC-CLIO
Total Pages: 899
Release: 2010
Genre: Law
ISBN: 9780313356759

Download Essentials of Sports Law Book in PDF, Epub and Kindle

Outlines the American legal system and tort law as they apply to sports from high school to professional, and discusses liability, drugs, discrimination, contracts, antitrust, labor relations, violence, gambling, and other topics.

Emerging Issues in Tort Law

Emerging Issues in Tort Law
Author: Jason W. Neyers,Erika Chamberlain,Stephen G.A. Pitel
Publsiher: Bloomsbury Publishing
Total Pages: 610
Release: 2007-05-29
Genre: Law
ISBN: 9781847317018

Download Emerging Issues in Tort Law Book in PDF, Epub and Kindle

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.