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Agency: Definitional challenges through the law of tort


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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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
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