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Enterprise Liability and the Common Law

ISBN13: 9780521762014
Published: October 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £62.00
Paperback edition , ISBN13 9781107630109

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Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts.

Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability.

The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.

  • Offers a new perspective on corporate social responsibility
  • Comparative approach will appeal to readers in jurisdictions such as the UK, Canada and Australia
  • Assesses likely trends in the development and reform of common law

Employment Law, Tort Law
1. Introduction
2. The reception of Bazley
3. Enterprise risk
4. The risk and the individual
5. The enterprise
6. The borrowed employee
7. Independent contractors
8. Transferring the burden: the employer's right of indemnity
9. Risk and the employment relationship
10. Enforcement of the employment contract
11. Enterprise liability and non-delegable duties
12. Fundamental obligations
13. Concluding remarks.