Results 71 to 80 of about 2,498 (202)

The enterprise risk theory of vicarious liability

open access: yes, 2018
The theory of enterprise risk is increasingly being utilised to justify the imposition of vicarious liability upon an employer. Under this theory costs associated with ordinary risks of business are allocated to an employer, regardless of fault. It has
Gray, Anthony
core  

Vicarious Liability for Group Companies: the Final Frontier of Vicarious Liability? [PDF]

open access: yes, 2015
This article seeks to explore the pressing unanswered commercial issue: whether or not a parent company can potentially be vicariously liable for its subsidiary's torts. It is currently undecided in English law, however, the theory of vicarious liability
Morgan, Phillip David James
core  

Vicarious Liability in Tort

open access: yes, 2010
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.
Paula Giliker
core   +1 more source

Why vicarious liability must be abandoned

open access: yes, 2011
This article calls for a reconsideration of the doctrine of vicarious liability. I argue that the doctrine has become separated from its original rationale, not explicable in terms of any single coherent philosophical principles, and requires difficult ...
Gray, Anthony
core  

Perbandingan Hukum Pertanggungjawaban Pidana Korporasi Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup : Analisis Antara Amerika Dan Indonesia

open access: yesPattimura Legal Journal
Introduction: The large amount of pollution and environmental damage is caused by large-scale exploitation of nature, both sea, land, and air. Therefore, it is necessary to realize the principles of laws and regulations on environmental protection and ...
Rozeli Rozeli, Endrio Susila
doaj   +1 more source

Hazardous Activities and Civil Strict Liability: The Regulator’s Dilemma [PDF]

open access: yes
This paper addresses the conditions for setting up strict civil liability schemes. For that it compares the social efficiency of two main civil liability regimes usually enforced to protect the environment: the strict liability regime and the “capped ...
Gérard Mondello
core  

9. Vicarious Liability and Non-Delegable Duties

open access: yes, 2017
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
Jenny Steele
core   +1 more source

The Equivalence of Strict Liability and Negligence Rule: A « Trompe l'œil » Perspective [PDF]

open access: yes
This paper analyzes the difficulties of comparing the respective effectiveness of two among the most important liability regimes in tort law: rule of negligence and strict liability.
Gérard Mondello
core  

20. Vicarious liability

open access: yes, 2017
This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless ...
Erika Rackley, Kirsty Horsey
core   +1 more source

Manufacturer Liability for Harms Caused by Consumers to Others [PDF]

open access: yes
Should the manufacturer of a product be held legally responsible when a consumer, while using the product, harms someone else? We show that if consumers have deep pockets then manufacturer liability is not economically efficient. It is more efficient for
Bruce Hay, Kathryn E. Spier
core  

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