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Tort Law in the employment relationship: A response to the potential abuse of an employers authority
Citation
Beuermann, CA, Tort Law in the employment relationship: A response to the potential abuse of an employers authority, Torts Law Journal, 21 pp. 169-194. ISSN 1038-5967 (2014) [Refereed Article]
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Abstract
It is a feature of the employment relationship that an employer is vested with
authority under the employment contract to direct the conduct of an
employee. Although central to the employment relationship, there is a risk
that an employer may abuse that authority by creating a conflict between an
employee’s obligations under their employment contract and other
obligations the employee owes at general law. This article considers the
tortious liability faced by an employer by reason of the employment
relationship and suggests a more convincing explanation for the various
forms of that liability; namely, that each type of liability faced by an employer
responds to the risk that the authority vested in an employer to direct the
conduct of an employee may be abused.
Item Details
Item Type: | Refereed Article |
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Research Division: | Law and Legal Studies |
Research Group: | Private law and civil obligations |
Research Field: | Tort law |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Justice and the law not elsewhere classified |
UTAS Author: | Beuermann, CA (Ms Christine Beuermann) |
ID Code: | 91401 |
Year Published: | 2014 |
Deposited By: | Faculty of Law |
Deposited On: | 2014-05-16 |
Last Modified: | 2015-05-01 |
Downloads: | 1 View Download Statistics |
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