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Enterprise Liability And The Common Law

Author : Douglas Brodie
ISBN : 9781139492980
Genre : Law
File Size : 42.51 MB
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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.
Category: Law

Understanding Enterprise Liability

Author : Virginia Nolan
ISBN : 1566392306
Genre : Law
File Size : 83.12 MB
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Historical insights and a fresh perspective on the politics and possibilities for sensible tort reform
Category: Law

Tort Contract And Other Common Law Problems In The Substantive Law Of Parent And Subsidiary Corporations

Author : Phillip I. Blumberg
ISBN : STANFORD:36105061221441
Genre : Law
File Size : 21.38 MB
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This book analyzes the on-going shift from entity to enterprise theory in the law of corporate groups. The concept of corporate limited liability and its application to parent and subsidiary corporations are thoroughly discussed in this work along with the substantive common law of corporate groups.
Category: Law

Product Liability

Author : Jane Stapleton
ISBN : 0406035032
Genre : Law
File Size : 38.83 MB
Format : PDF
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An erudite and provocative work, Stapleton: Product Liability will be of keen interest to students and teachers on courses in tort, product liability, consumer law, EC law and the philosophical foundations of the common law.
Category: Law

Negligence Without Fault

Author : Albert Armin Ehrenzweig
ISBN : UCAL:$B275886
Genre : Liability (Law)
File Size : 69.47 MB
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Category: Liability (Law)

Modernising Civil Liability Law In Europe China Brazil And Russia

Author : Gert Brüggemeier
ISBN : 9781139497626
Genre : Law
File Size : 65.55 MB
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Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
Category: Law

Insurance And The Law Of Obligations

Author : Rob Merkin
ISBN : 9780199645749
Genre : Law
File Size : 32.41 MB
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Filling a gap in the understanding of private law, this book identifies the ways in which private law is deeply affected by insurance, and provides a structured exploration and interpretation of the ways in which insurance influences private law. It aims to change existing opinions about the limited theoretical importance of insurance, and to equip lawyers in general with the understanding of insurance contracts that they need in order to appreciate the public andprivate role of insurance more fully.
Category: Law

Enterprise Liability In Commercial Relationships

Author : Phillip I. Blumberg
ISBN : STANFORD:36105062320341
Genre : Law
File Size : 69.30 MB
Format : PDF, Docs
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Traditional corporation law (or "entity" law) no longer covers the challenges presented by today's multinational corporate integration and control. Now, Blumberg's ground-breaking analysis of the law of corporate groups (or "enterprise" law) brings current trends in business law into sharp focus, with detailed examination of thousands of cases. This unique addition to The Law of Corporate Groups library provides in-depth coverage of statutory and judicial law, federal and state, that affects companies engaged in enterprises linked by franchise, license, or contract rather than by corporate stock. It explains and analyzes in detail the issues facing such entities as franchisers and franchisees, licensor and licensees, contractors and subcontractors, hospitals and other health care institutions, medical personnel in independent practice, and many others.
Category: Law

Enterprise And American Law 1836 1937

Author : Herbert Hovenkamp
ISBN : 0674038835
Genre : Law
File Size : 30.66 MB
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In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Category: Law

Joint Enterprise

Author : Great Britain: Parliament: House of Commons: Justice Committee
ISBN : 0215040589
Genre : Law
File Size : 69.48 MB
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Joint enterprise is a form of secondary liability whereby a person who agrees to commit a crime with another becomes liable for all criminal acts committed by the other person (the principal offender) in the course of their joint criminal venture. It is a common law doctrine, which means it has been developed by the courts over the years. Inthis report the Justice Committee find that the law on joint enterprise is so confusing for juries and courts alike that legislation is needed urgently to ensure justice for both victims and defendants and end the high number of cases reaching the Court of Appeal. The MPs also call on the Director of Public Prosecutions to produce guidance for prosecutors on joint enterprise, particularly in cases of gang-related homicide. The Director of Public Prosecutions should collate data on the number of people charged under joint enterprise so that problems with the operation of the law identified by campaigning groups representing both victims and those that say they have been convicted in a miscarriage of justice can be alleviated, if necessary.
Category: Law