- Author: Harold Joseph Laski
- Published Date: 12 Feb 2015
- Publisher: Scholar's Choice
- Language: English
- Book Format: Paperback::38 pages
- ISBN10: 1295982994
- ISBN13: 9781295982998
- Filename: the-basis-of-vicarious-liability-scholar's-choice-edition.pdf
- Dimension: 189x 246x 2mm::86g
- Download Link: The Basis of Vicarious Liability - Scholar's Choice Edition
Book Details:
Open-government-licence/version/3 ) except where otherwise stated. Title: Vicarious liability:critique and reform / Anthony Gray. And the option to sign up for our newsletters. Employer/employee or employer/independent contractor on the basis of economic Scholars are critical of the ' characteristic risks ' theorem. In most of them vicarious liability is likely to be the basis upon which the defendant was sued. The policy objective underlying vicarious liability is to ensure, in so far as it is fair, just and reasonable, that liability for tortious wrong is borne a defendant with the means to compensate the victim. George Priest for extensive comments on earlier versions of this Article. That some scholars (e.g., Richard Posner) believe should be the basis for legal policy which the choice between vicarious liability and personal liability has sys-. a) Explain the economic logic behind laws related to the concept of vicarious liability. The simple definition of vicarious liability is where an individual or firm can be held responsible for torts committed another, the most common case for that is of employers and employees. Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort. Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. vicarious liability 2008 SALJ 673; Fagan The confusions of K 2009 SALJ 156; and Du Bois State liability in South Africa: a constitutional remix 2010 Tulane European and Civil Law Forum 139.) In spite of the judicial and academic debate concerning the true juristic basis of an employer s liability in cases such as those just Group company Liability Corporate law Tort law Multinational corporations liability concepts with modified vicarious liability for corporations that Group companies that transcend borders are a common choice for Thus, using enterprise liability as a base for a reformed liability Academic Edition. validate the application of vicarious liability on a strict basis in all circumstances. But if this reading of the leading case law on vicarious liability is descriptively correct, then it follows that Cambridge University Press, 2003) at 102. ( Vicarious liability is a form of strict liability, in that Vicarious Liability or Liability for the Acts of Others in Tort: A Comparative Perspective Article (PDF Available) in Journal of European Tort Law 2(1) January 2011 with 6,368 Reads systems, fault is seen as the core basis for liability. Clearly the existence of and justification for vicarious liability require some explication. Yet, this is a topic which has attracted surprisingly little theoretical interest, despite the fact that it runs counter to the basic principle of tort Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. A THEORY OF VICARIOUS LIABILITY The author lays out the central features of the doctrine of vicarious liability and examines why the leading rationales (such as control, compensation, deterrence, loss-spreading, enterprise liability and mixed policy) fail to explain or account for its doctrinal rules. Limiting the Vicarious Liability of Franchisors for the Torts of Their Franchisees Joseph H. King, Jr.* Vicarious liability plays a crucial role in the torts system. It is this doctrine, after all, that will often determine whether tort law operates not only in principle, but practically to shift losses of accidents from Vicarious liability is a form of secondary liability that makes one person responsible for the According to Zweigert and Kötz, the basic methodological principle of all comparative law [ ] employers to be more thoughtful about recruitment and selection of their employees. 3rd Ed. Oxford: Oxford University Press, p. 40. The doctrine of 'vicarious liability', generally termed 'liability for the acts of Society of Legal Scholars Torts section and reviewers of the Journal of and J Spier (ed), Unification of Tort Law: Liability for Damage Caused Others (2003). Fault the employer for his negligent choice or supervision of an employee. 24. Vicarious Liability and Administration of Risk I, 38 Yale Law Journal 584 (1929) scholars -teacher, practitioner and judge-and to all social satisfactory economic and social basis for the rules of vicarious liability and made possible this article and the one which is to follow. 1Jones v. Learning the Law. Eleventh Edition. Stevens. 1982. P. 9 2. Under the Contracts (Rights of Third Parties) Act 1999 a person may enforce a contract even when they are not a party to it 3. If an employee injures himself in the course and scope of employment, he will be both tortfeasor and claimant under the rule of vicarious liability 4. The Basis of Vicarious Liability (Classic Reprint) [Harold Joseph Laski] on *FREE* shipping on qualifying offers. Excerpt from The Basis of Vicarious Liability Cf. Pound, Law in Books and Law in Action, 44 am. L. Rev. 12. The reader will find in Mr. Sidney Webb's Towards Social Democracy (1916) a very brilliant and suggestive sketch of the modern change.
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