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. Yet it is a principle found in all Western legal systems, be they civil law ...
Two Very Different Stories: Vicarious Liability Under Tort and Title VII LawCHAMALLAS, MARTHAOhio State Law Journal
然后就是Vicarious liability,最常见的就是员工犯错,老板担责。所以这个责任最关键的一点就是要确定被告(即老板)和侵权行为人(员工)之间有没有雇佣关系,也是有很多考虑的因素,这里就不一一讲了。 Day 11 (Nov.11)– Seminar 11 这节课有两部分,第一部分是继续把上节课的Vicarious liability(VL)剩下的部分讲完,...
vicarious liability and psychiatric harm. I intend to focus on narrow aspects within these three areas of law allowing a deep critical analysis. Occupier’s liability, in my opinion, is an area of law that imposes too much liability in cases involving trespassers. I don’t doubt that there ...
Introduction The doctrine of vicarious liability lies at the heart of all common law systems of tort law. It represents not a tort, but a rule of responsibility which renders the defendant liable for the torts committed by another. The classic example is that of employer and employee: the emp...
What is vicarious liability in criminal law? What are punitive damages? What is motive in criminal law? What are the elements of a negligence cause of action? What is the mens rea for manslaughter? What is litigation in business law?
The Law of Tort(m)TheLawofTort A.DEFINITIONOFTORT 1.Tortsarecivilwrongs,otherthanabreachofcontract,forwhichthelawwillprovidearemedy.Protectedinterests: Personal-physicalandemotionalProperty-tangibleandintangibleEconomic PURPOSEOFTORTLAW CompensationforinjuriesDeterrenceofunsafeor...
this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration ...
For example, the narrow rule of vicarious liability found in the German Civil Code, along with its express exclusion of negligently inflicted pure economic loss from the protection of the main tort provision, has led German lawyers to expand their law of contract to provide a remedy in some ...
In contrast, the German Civil Code has a basic (tort) provision excluding compensation for negligently inflicted pure economic loss that, along with a narrow rule of vicarious liability, has encouraged the expansion of the law of contract. Defamation also is regarded primarily as a tort in the ...