Non-vicarious liability for the acts of third parties is
distinguishable from the traditional doctrine of vicarious
liability insofar as it relates to a form of primary liability
predicated upon the personal fault of the defendant. More
conveniently termed 'third party liability', it is a novel category
of tortious liability that has evolved from a collection of
disparate and isolated judicial decisions setting out, on an
entirely ad hoc basis, individualised exceptions to the entrenched
common law rules against liability for omissions and liability for
the acts of others. As a result of the improvised nature of its
development, the current law on third party liability is
unstructured, unprincipled and incoherent. The specific purpose of
this book is to seek out the foundational principles governing the
various existing instances of third party liability, with a view to
identifying a coherent legal basis upon which such liability can
develop in the future.
General
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