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Agency: Definitional challenges through the law of tort
Citation
Dal Pont, G, Agency: Definitional challenges through the law of tort, Torts Law Journal, 11, (1) pp. 68-94. ISSN 1038-5967 (2003) [Refereed Article]
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Abstract
In two recent cases the High Court has been presented with arguments
dlfected at applying the doctrine of agency for the purpose of attributing
tOrtiOUS liability. On both occasions McHugh J has been willing to accede to
such an approach. The purpose of this article is to assess what role agency
should have In the context of tort, pnnclpally by addressing the two main
questIOns Inherent In any agency problem: is there an agency relationship?
and what is the scope of authority conferred by the agency? It is concluded
that, though ingenious, McHugh J's attempts to introduce agency law for the
purpose of generating a tort outcome should be resisted for fear of
negatively affecting the nature and scope of the accepted law of agency.
No word is more commonly and constantly abused than the word 'agent'.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Research Division: | Law and Legal Studies |
| Research Group: | Public law |
| Research Field: | Public law not elsewhere classified |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Justice and the law not elsewhere classified |
| UTAS Author: | Dal Pont, G (Professor Gino Dal Pont) |
| ID Code: | 26959 |
| Year Published: | 2003 |
| Deposited By: | Law |
| Deposited On: | 2003-08-01 |
| Last Modified: | 2009-08-01 |
| Downloads: | 21 View Download Statistics |
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