Enterprise liability and the common law / Douglas Brodie.
2010
K957 .B76 2010 (Map It)
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Details
Author
Title
Enterprise liability and the common law / Douglas Brodie.
Published
Cambridge, UK ; New York : Cambridge University Press, 2010.
Call Number
K957 .B76 2010
ISBN
9780521762014 (hbk.)
0521762014 (hbk.)
0521762014 (hbk.)
Description
xi, 190 pages ; 24 cm
System Control No.
(OCoLC)610206693
Summary
"Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
ix
List of abbreviations
x
1.
Introduction
1
2.
The reception of Bazley v Curry
16
3.
Enterprise risk
27
4.
The risk and the individual
45
5.
The enterprise
55
6.
The borrowed employee
66
7.
Independent contractors
75
8.
Transferring the burden: the employer's right of indemnity
95
9.
Risk and the employment relationship
114
10.
Enforcement of the employment contract
139
11.
Enterprise liability and non-delegable duties
149
12.
Fundamental obligations
165
13.
Concluding remarks
180
Index
185