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Enterprise Liability and the Common Law (Hardcover)
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Enterprise Liability and the Common Law (Hardcover)
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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.
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