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Reconceptualising Strict Liability for the Tort of Another Reconceptualising Strict Liability for the Tort of Another
Reconceptualising Strict Liability for the Tort of Another
by Christine Beuermann
Edition: 2020
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Product Details:
Format: Hardback
Publisher: Hart Publishing
Language: English
ISBN: 9781509917532
Dimensions: 22.8 x 15.3 x 2.9 cm
Shipping Weight: 1.000(Kg)
Date Added: 2020-02-01
Search Category: Lawbooks
Jurisdiction: International
Overview:

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and for the first time seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.


Table Of Contents:

Contents:1. IntroductionI. What is 'Strict Liability for the Tort of Another'?II. Existing TerminologyIII. Existing Explanation(s)IV. A New Expositive FrameworkV. Limits of the BookVI. MethodologyVII. ConclusionPART I: CURRENT APPROACH2. Relationships which Give Rise to Strict Liability for the Tort of AnotherI. Employment RelationshipII. Relationship between Adjoining Land Owners in Relation to Work Threatening Support or Common WallsIII. Relationship between Hospital and PatientIV. School RelationshipV. Relationship between Occupier and Invitee (Arguably)VI. Agency RelationshipVII. ConclusionPART II: RECONCEPTUALISING THE LAW3. The Common Feature of AuthorityI. The RelationshipsII. The Distinguishing Feature of the CasesIII. Why is Authority Significant?IV. A New Expositive Framework for Strict Liability for the Tort of Another4. Conferred Authority Strict LiabilityI. Basis of the Strict LiabilityII. Nature of the Strict LiabilityIII. In What Circumstances Does the Strict Liability Arise?IV. Scope of the Strict LiabilityV. To Whom is the Strict Liability Owed?VI. Other RelationshipsVII. Conclusion5. Employee Strict LiabilityI. Basis of the Strict LiabilityII. Nature of the Strict LiabilityIII. In What Circumstances Does the Strict Liability Arise?IV. Scope of the Strict LiabilityV. Who is an Employee?VI. The 'Both Ways' TestVII. Master's Tort or Servant's TortVIII. Conclusion6. Agent Strict LiabilityI. Who is an Agent?II. Basis of the Strict LiabilityIII. Nature of the Strict LiabilityIV. In What Circumstances Does the Strict Liability Arise?V. Scope of the Strict LiabilityVI. Composite TortsVII. Solicitor's EmployeeVIII. Contract or Tort?IX. ConclusionPART III: CRITIQUE7. The Boundaries between the Different Forms of Strict Liability for the Tort of AnotherI. Why Should the New Expositive Framework be Adopted?II. Making the Boundaries ClearIII. Conclusion8. Miscellaneous Categories of Strict Liability for the Tort of AnotherI. Partner Strict LiabilityII. Strict Liability for a Tort Committed by a Person upon whom Authority has been Conferred to Deal with a Bailor's GoodsIII. Strict Liability for a Tort Committed by a Person Driving a Car for the Owner's Purposes?IV. Conclusion9. ConclusionI. The Importance of the BookII. AuthorityIII. Normative UnderpinningsIV. Personal Liability v Strict LiabilityV. Where to from here?


 
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