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Enterprise Liability and the Common Law

Enterprise Liability and the Common Law

Enterprise Liability and the Common Law

Author: Douglas Brodie
Publisher: Cambridge University Press
ISBN: 9780521762014
Published In: October 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Offers a new perspective on corporate social responsibility
Comparative approach will appeal to readers in jurisdictions such as the UK, Canada and Australia
Assesses likely trends in the development and reform of common law

Contents:: 1. Introduction; 2. The reception of Bazley; 3. Enterprise risk; 4. The risk and the individual; 5. The enterprise; 6. The borrowed employee; 7. Independent contractors; 8. Transferring the burden: the employer's right of indemnity; 9. Risk and the employment relationship; 10. Enforcement of the employment contract; 11. Enterprise liability and non-delegable duties; 12. Fundamental obligations; 13. Concluding remarks.

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