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Wildy’s Book News

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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Vicarious Liability in Tort

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ISBN13: 9781841138657
To be Published: July 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £50.00

This book aims to provide a comprehensive and up-to-date critical account of the much-used but little-understood doctrine of no-fault employer liability for the torts of employees. Starting from the premise that the current law on vicarious liability is both unprincipled and theoretically incoherent, this book deconstructs the normative foundations of the doctrine of vicarious liability and seeks to advance a sound theoretical account of its nature, purpose and functions.

Using this theoretical account as an analytical framework, the book proceeds to critically evaluate each of the central features of the doctrine, with individual chapters on the employee/independent contractor distinction, the 'course of employment' requirement and the need for a tort to have been committed. The relationship between vicarious liability and other rules of attribution, such as joint and several liability and the doctrine of agency are also explored in an attempt to address current conceptual confusions surrounding the notion of liability for the acts of others.

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Tort Law