Fishpond Gift Vouchers - Let them choose!

Shop over a million Toys in our Huge New Range

Vicarious Liability
By

Rating

Product Description
Product Details

Promotional Information

A detailed study of the law vicarious liability in tort, offering a detailed historical and doctrinal analysis of the current law, and an argument for reform that places agency at the centre of the doctrine.

Table of Contents

PART I: OUTLINE OF DEVELOPMENT OF VICARIOUS LIABILITY IN CHOSEN JURISDICTIONS Introduction to Part I 1. Developments in English Legal History Historical Development of Vicarious Liability Until the Early Twentieth Century Vicarious Liability in the Context of Other Developments in Tort Law Summary and Reflections on Historical Development of Vicarious Liability 2. Developments in United Kingdom Vicarious Liability Law: Twentieth and Twenty-First Centuries Development Most Recent Developments Some Critique and Reflection on United Kingdom Case Law 3. Developments in Australian Case Law Historical Development Most Recent Developments Some Critique and Reflection on Australian Case Law 4. Developments in North American Case Law Canadian Development United States Developments Conclusion to Part I PART II: THEORIES OF VICARIOUS LIABILITY Introduction to Part II 5. Enterprise Risk Theory Scholarly Support for Enterprise Risk Theory 6. Criticisms of Enterprise Risk Theory Summary of Weaknesses in Relation to Enterprise Risk as a Species of Strict Liability to Justify the Imposition of Vicarious Liability Historical Weaknesses The Theory Does Not Explain the Existing Contours of Vicarious Liability The Theory Seems Applicable as a General Principle by which an Organisation is Liable to Others for Harms Caused, but is Not So Applied It Makes 'Brave' Assumptions about Loss Spreading and Insurance It Does Not Describe How Judges Actually Decide Tort Cases, and Does Not Describe How Judges Should Decide Tort Cases It Relies on Inherently Ambiguous Concepts Deterrence 7. Other Theories Evidentiary Considerations Deep Pockets Fair, Just and Reasonable Conclusion 8. Agency Theory Introduction to Agency Theory of Vicarious Liability Pragmatism and Principle (a) Argument that the Act of the Agent (Employee) is in Effect the Act of the Principal (Employer) (b) Argument that the Law of Vicarious Liability Imposes Liability on the Principal (Employer) for the Acts of the Agent (Employee), but Does Not Consider them the Employer's Acts The Law of Agency Conclusion to Part II PART III: MISCELLANEOUS ISSUES Introduction to Part III 9. The Relationships to Which Vicarious Liability Might Attach Establishing that an Employment Relationship Exists The Exceptionality of Making One Person Liable for the Actions of Another Why Has the Law Fixated on 'Control' in Relation to Liability for What Another Did? Borrowed Employees and the Possibility of Dual Vicarious Liability Conclusion 10. Non-Delegable Duties Relationship with Vicarious Liability Development of the Non-Delegable Duty Concept in the United Kingdom Australian Developments Criticisms of the Concept of a Non-Delegable Duty Conclusion 11. Punitive Damages Punitive or Exemplary Damages Nature of Punitive Damages Reflections on Punitive Damages in the Vicarious Liability Context Conclusion Conclusion to Part III Conclusions

About the Author

Anthony Gray is Professor of Law at the University of Southern Queensland, Australia.

Reviews

Gray is to be praised for this brave attempt to rationalise the law relating to vicarious liability and in presenting, in particular, the arguments for and against enterprise liability in such a clear and accessible manner. -- Paula Giliker, University of Bristol * Common Law World Review *

Ask a Question About this Product More...
Write your question below:
Look for similar items by category
People also searched for
How Fishpond Works
Fishpond works with suppliers all over the world to bring you a huge selection of products, really great prices, and delivery included on over 25 million products that we sell. We do our best every day to make Fishpond an awesome place for customers to shop and get what they want — all at the best prices online.
Webmasters, Bloggers & Website Owners
You can earn a 5% commission by selling Vicarious Liability: Critique and Reform (Hart Studies in Private Law) on your website. It's easy to get started - we will give you example code. After you're set-up, your website can earn you money while you work, play or even sleep! You should start right now!
Authors / Publishers
Are you the Author or Publisher of a book? Or the manufacturer of one of the millions of products that we sell. You can improve sales and grow your revenue by submitting additional information on this title. The better the information we have about a product, the more we will sell!
Item ships from and is sold by Fishpond World Ltd.
Back to top