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Enterprise Liability And The Common Law

Author : Douglas Brodie
ISBN : 9781139492980
Genre : Law
File Size : 37.67 MB
Format : PDF
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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 : 71.86 MB
Format : PDF, Kindle
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Tort reformers commonly equate "enterprise liability" with strict products liability and other expansive tort developments of recent decades. Damages reform and no-fault alternatives are, in turn, seen as a repudiation of a failed theory of enterprise liability. In contrast, the authors demonstrate that both strict product liability and no-fault compensation plans are a product of the enterprise liability theory first articulated early in this century by Leon Green and Karl Llewellyn. As the theory of enterprise liability matured, damages reform became an integral part of the enterprise liability agenda, establishing that both no-fault and damages reform are an aspect, not a repudiation, of enterprise liability theory.
Category: Law

Understanding Enterprise Liability

Author : Virginia Nolan
ISBN : 9781439907641
Genre : Law
File Size : 63.63 MB
Format : PDF, ePub, Mobi
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In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Category: Law

Limited Liability

Author : Stephen M. Bainbridge
ISBN : 9781783473038
Genre : Business & Economics
File Size : 80.96 MB
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The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.
Category: Business & Economics

A Place Of Recourse

Author : Roberta Sue Alexander
ISBN : 9780821416020
Genre : History
File Size : 29.56 MB
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The First History Of A Federal District Court in a midwestern state, A Place of Recourse explains a district court's function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans. In tracing the court's development, Alexander explores the central issues confronting the district court judges during each historical era. She describes how this court in a non-slave state responded to fugitive slave laws and how a court whose jurisdiction included a major coal-mining region responded to striking workers and the unionization movement. The book also documents judicial responses to Prohibition, New Deal legislation, crime, mass tort litigation, and racial desegregation. The history of a court is also the history of its judges. Accordingly, Alexander provides historical insight on current and past judges. She details behind-the-scenes maneuvers in judicial appointments and also the creativity some judges displayed on the bench - such as Judge Leavitt, who adopted admiralty law to deal with the problems of river traffic. A Pla
Category: History

Frolic Of His Own

Author : William Gaddis
ISBN : 9781439125472
Genre : Fiction
File Size : 38.93 MB
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A dazzling fourth novel by the author of The Recognitions, Carpenter’s Gothic, and JR uses his considerable powers of observation and satirical sensibilities to take on the American legal system.
Category: Fiction

Theories Of Co Perpetration In International Criminal Law

Author : Lachezar D. Yanev
ISBN : 9789004357501
Genre : Political Science
File Size : 38.96 MB
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This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
Category: Political Science

Legal Aspects Of Architecture Engineering And The Construction Process

Author : Justin Sweet
ISBN : 9781111578718
Genre : Technology & Engineering
File Size : 26.86 MB
Format : PDF
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The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Technology & Engineering