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Dissociating the Two Forms of So-Called 'Vicarious Liability'

Citation

Beuermann, CA, Dissociating the Two Forms of So-Called 'Vicarious Liability', Tort Law: Challenging Orthdoxy, Hart Publishing Ltd, Stephen GA Pitel, Jason W Neyers and Erika Chamberlain (ed), Oxford, pp. 463-484. ISBN 9781849464710 (2013) [Research Book Chapter]

Abstract

The strict liability imposed on an employer for the wrongdoing of an employee and the strict liability imposed on a principal for the wrongdoing of an agent are both described using the label 'vicarious liability'. It does not necessarily follow, however, that the two forms of strict liability are the same. This chapter argues that there are significant differences between the two forms of strict liability and that such differences have been obscured through use of the label 'vicarious liability', leading judges into error. To avoid the current terminological difficulties, the two forms of strict liability will be referred to as 'strict liability for the wrongdoing of an employee' and 'strict liability for the wrongdoing of an agent'.

Item Details

Item Type:Research Book Chapter
Research Division:Law and Legal Studies
Research Group:Law
Research Field: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
Author:Beuermann, CA (Ms Christine Beuermann)
ID Code:86869
Year Published:2013
Deposited By:Law
Deposited On:2013-10-30
Last Modified:2017-11-21
Downloads:0

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