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Reconceptualising Strict Liability for the Tort of Another (Paperback)
Loot Price: R1,380
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Reconceptualising Strict Liability for the Tort of Another (Paperback)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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This book adopts a novel approach to resolving the present
difficulties experienced by the courts in imposing strict liability
for the tort of another. It looks beyond the traditional
classifications of 'vicarious liability' and 'liability for breach
of a non-delegable duty of care' and, for the first time, seeks to
explain all instances of strict liability for the tort of another
in terms of the various relationships in which the courts impose
such liability. The book shows that, despite appearances, there is
a unifying feature to the various relationships in which the courts
currently impose strict liability for the tort of another. That
feature is authority. Whenever the courts impose strict liability
for the tort of another, the defendant is either vested with
authority over the person who committed a tort against the claimant
or has vested or conferred a form of authority upon that person in
respect of the claimant. This book uses this feature of authority
to construct a new expositive framework within which strict
liability for the tort of another can be understood.
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