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 : 71.18 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 : 69.26 MB
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Historical insights and a fresh perspective on the politics and possibilities for sensible tort reform
Category: Law

Liability Of Corporate Groups And Networks

Author : Christian A. Witting
ISBN : 9781107039926
Genre : Business & Economics
File Size : 43.12 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

The Law And Economics Of The Environment

Author : Anthony Heyes
ISBN : 1843762935
Genre : Law
File Size : 74.49 MB
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. . . their collection together here represents a valuable addition to the library of those who are concerned with studying, teaching analysing, practicing, or making, environmental law as well as students and practitioners of environmental economics. David Hadley, The Economic Journal The exploration of the basic economics of externalities and the basic common law doctrines and institutions for dealing with externalities constitute a "first generation" of economic analysis of environmental law. The present book of essays illustrates the "second generation" of economic analysis of environmental law. The fundamental economic issues, and the common law, are no longer the focus. The lessons of the "first generation" have been absorbed and transcended. The focus has shifted to the level of application, which is the level at which the economist and the lawyer-economist can best hope to influence policy. We are making progress and the essays in this volume will do much to assure that progress continues. From the foreword by Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US One of the most exciting and productive areas of research in environmental policy is resulting from the integration of the traditionally separate fields of environmental economics and law and economics. This book brings together the top researchers engaged in this enterprise to share the useful insights that are emerging. Both in terms of the scope of coverage and the depth of analysis this is an absolutely first-rate book. Tom Tietenberg, Colby College, Maine, US This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the right incentives for environmental protection. The sixteen original and specially commissioned contributions written by some of the leading names in their field span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes good environmental law.
Category: Law

Enterprise Liability In Commercial Relationships

Author : Phillip I. Blumberg
ISBN : STANFORD:36105062320341
Genre : Law
File Size : 42.75 MB
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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 : 54.43 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 : 90.8 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

Torture As Tort

Author : Craig Scott
ISBN : 9781847316806
Genre : Law
File Size : 58.72 MB
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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.
Category: Law

Perpetrators And Accessories In International Criminal Law

Author : Neha Jain
ISBN : 9781782254102
Genre : Law
File Size : 72.62 MB
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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
Category: Law