Reconceptualising Strict Liability for the Tort of Another

Erscheinungsjahr 2021
ISBN: 978-1-5099-5219-9
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 240 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 340 g

Reihe: Hart Studies in Private Law

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.

Autoren/Hrsg.

Beuermann, Christine

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction
I. What is 'Strict Liability for the Tort of Another'?

II. Existing Terminology

III. Existing Explanation(s)

IV. A New Expositive Framework

V. Limits of the Book

VI. Methodology

VII. Conclusion

PART I
CURRENT APPROACH
2. Relationships which Give Rise to Strict Liability for the Tort of Another

I. Employment Relationship

II. Relationship between Adjoining Land Owners in Relation to Work Threatening Support or Common Walls

III. Relationship between Hospital and Patient

IV. School Relationship

V. Relationship between Occupier and Invitee (Arguably)

VI. Agency Relationship

VII. Conclusion

PART II
RECONCEPTUALISING THE LAW
3. The Common Feature of Authority

I. The Relationships

II. The Distinguishing Feature of the Cases

III. Why is Authority Significant?

IV. A New Expositive Framework for Strict Liability for the Tort of Another

4. Conferred Authority Strict Liability

I. Basis of the Strict Liability

II. Nature of the Strict Liability

III. In What Circumstances Does the Strict Liability Arise?

IV. Scope of the Strict Liability

V. To Whom is the Strict Liability Owed?

VI. Other Relationships

VII. Conclusion

5. Employee Strict Liability

I. Basis of the Strict Liability

II. Nature of the Strict Liability

III. In What Circumstances Does the Strict Liability Arise?

IV. Scope of the Strict Liability

V. Who is an Employee?

VI. The 'Both Ways' Test

VII. Master's Tort or Servant's Tort

VIII. Conclusion

6. Agent Strict Liability

I. Who is an Agent?

II. Basis of the Strict Liability

III. Nature of the Strict Liability

IV. In What Circumstances Does the Strict Liability Arise?

V. Scope of the Strict Liability

VI. Composite Torts

VII. Solicitor's Employee

VIII. Contract or Tort?

IX. Conclusion

PART III
CRITIQUE
7. The Boundaries between the Different Forms of Strict Liability for the Tort of Another

I. Why Should the New Expositive Framework be Adopted?

II. Making the Boundaries Clear

III. Conclusion

8. Miscellaneous Categories of Strict Liability for the Tort of Another

I. Partner Strict Liability

II. Strict Liability for a Tort Committed by a Person upon whom Authority has been Conferred to Deal with a Bailor's Goods

III. Strict Liability for a Tort Committed by a Person Driving a Car for the Owner's Purposes?

IV. Conclusion

9. Conclusion

I. The Importance of the Book

II. Authority

III. Normative Underpinnings
IV. Personal Liability v Strict Liability

V. Where to from here?

Über Autor(innen)

Beuermann, Christine
Christine Beuermann is Lecturer in Law at the University of Newcastle.