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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Vicarious Liability - Critique and Reform (Hardcover)
Loot Price: R3,027
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Vicarious Liability - Critique and Reform (Hardcover)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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The scope of vicarious liability has significantly expanded since
its original conception. Today employers are being found liable for
actions of employees that they did not authorise, and never would
have authorised if asked. They are being held liable for an
employee's criminal activity. In the related strict liability field
of non-delegable duties, they are being held liable for wrongdoing
of independent contractors. Notions of strict liability have grown
increasingly isolated in the law of tort, given the exponential
growth in the tort of negligence. They require intellectual
justification. Such a justification has proven to be elusive and
largely unsatisfactory in relation to vicarious liability and to
concepts of non-delegable duty. The law of three jurisdictions
studied has now apparently embraced the 'enterprise risk' theory to
rationalise the imposition of vicarious liability. This book
subjects this theory to strong critique by arguing that it has many
weaknesses, which the courts should acknowledge. It suggests that a
rationalisation of the liability of an employer for the actions of
an employee lies in more traditional legal doctrine which would
serve to narrow the circumstances in which an employer is legally
liable for a wrong committed by an employee.
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