ENTERPRISE LIABILITY AND THE COMMON LAW

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Enterprise Liability And The Common Law

Author : Douglas Brodie
ISBN : 9781139492980
Genre : Law
File Size : 86.26 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 : 69.17 MB
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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 : 22.4 MB
Format : PDF
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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

Negligence Without Fault

Author : Albert Armin Ehrenzweig
ISBN : UCAL:$B275886
Genre : Liability (Law)
File Size : 76.39 MB
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Category: Liability (Law)

Limited Liability

Author : Stephen M. Bainbridge
ISBN : 9781783473038
Genre : Business & Economics
File Size : 22.53 MB
Format : PDF, Kindle
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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

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 : 83.51 MB
Format : PDF
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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

Liability Of Corporate Groups And Networks

Author : Christian A. Witting
ISBN : 9781107039926
Genre : Business & Economics
File Size : 90.41 MB
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Discusses the nature of corporate groups and networks and provides arguments for rules extending liability beyond insolvent entities.
Category: Business & Economics

A Place Of Recourse

Author : Roberta Sue Alexander
ISBN : 9780821416020
Genre : History
File Size : 40.58 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

Enterprise Liability In Commercial Relationships

Author : Phillip I. Blumberg
ISBN : STANFORD:36105062320341
Genre : Law
File Size : 90.72 MB
Format : PDF
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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