Vicarious Liability in Tort
Title | Vicarious Liability in Tort PDF eBook |
Author | Paula Giliker |
Publisher | Cambridge University Press |
Pages | 331 |
Release | 2010-10-28 |
Genre | Law |
ISBN | 1139493078 |
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
Title | Vicarious Liability PDF eBook |
Author | Thomas Baty |
Publisher | |
Pages | 252 |
Release | 1916 |
Genre | Agency (Law) |
ISBN |
"A short history of the liability of employers, principals, partners, associations and trade-union members, with a chapter on the laws of Scotland and foreign states."--T.p.
Vicarious Liability in the Law of Torts
Title | Vicarious Liability in the Law of Torts PDF eBook |
Author | P. S. Atiyah |
Publisher | |
Pages | 520 |
Release | 1967 |
Genre | Damages |
ISBN |
Vicarious Liability in the Common Law World
Title | Vicarious Liability in the Common Law World PDF eBook |
Author | Paula Giliker |
Publisher | Bloomsbury Publishing |
Pages | 267 |
Release | 2022-10-20 |
Genre | Law |
ISBN | 1509939083 |
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.
Exploring Tort Law
Title | Exploring Tort Law PDF eBook |
Author | M. Stuart Madden |
Publisher | Cambridge University Press |
Pages | 508 |
Release | 2005-09-26 |
Genre | Law |
ISBN | 9780521851367 |
This is a collection of scholarship from the most influential contributors regarding Torts law.
Vicarious Liability in the Sports Industry
Title | Vicarious Liability in the Sports Industry PDF eBook |
Author | James Brown |
Publisher | Taylor & Francis |
Pages | 128 |
Release | 2024-06-05 |
Genre | Law |
ISBN | 1040108873 |
This timely book is the first to critically examine the doctrine of vicarious liability in the context of the sports industry. Drawing on theoretical, empirical and interdisciplinary research, the book focuses on the close connection test at stage two of vicarious liability, highlighting how vicarious liability could be used to hold sports employers strictly liable for a wide range of on-the-field and off-the-field harms committed by their athletes. It considers the extent to which vicarious liability might be applied to clubs and sporting organisations for personal injuries and racial abuse suffered by participants during competition, and examines whether employers in the sports industry ought to be held vicariously liable for the sexual assault of young athletes and women away from the field. This book is important reading for any student, researcher or practitioner interested in sports law, tort law, private law theory, socio-legal studies, jurisprudence, gender studies and sports ethics.
Reconceptualising Strict Liability for the Tort of Another
Title | Reconceptualising Strict Liability for the Tort of Another PDF eBook |
Author | Christine Beuermann |
Publisher | Bloomsbury Publishing |
Pages | 244 |
Release | 2019-11-28 |
Genre | Law |
ISBN | 1509917543 |
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.