Enterprise liability and the common law / Douglas Brodie.

Format:

Book

Author/Creator:

Brodie, Douglas, 1960- author.

Language:

English

Subjects (All):

Enterprise liability.

Common law.

Physical Description:

1 online resource (xi, 190 pages) : digital, PDF file(s)

Other Title:

Enterprise Liability & the Common Law

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

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.

Contents:

Introduction

The reception of Bazley volume Curry

Enterprise risk

The risk and the individual

The enterprise

The borrowed employee

Independent contractors

Transferring the burden : the employer's right of indemnity

Risk and the employment relationship

Enforcement of the employment contract

Enterprise liability and non-delegable duties

Fundamental obligations

Concluding remarks.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511778711

Access Restriction:

Restricted for use by site license.