Enterprise Liability and the Common Law

by Douglas Brodie

Overview

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.

Product Details

ISBN-13:	9781107630109
Publisher:	Cambridge University Press
Publication date:	01/02/2014
Pages:	204
Product dimensions:	5.98(w) x 9.02(h) x 0.43(d)

About the Author

One of the UK's leading labour lawyers, Douglas Brodie is Professor of Employment Law and Head of School at Edinburgh University's School of Law.

Table of Contents

1. Introduction; 2. The reception of Bazley; 3. Enterprise risk; 4. The risk and the individual; 5. The enterprise; 6. The borrowed employee; 7. Independent contractors; 8. Transferring the burden: the employer's right of indemnity; 9. Risk and the employment relationship; 10. Enforcement of the employment contract; 11. Enterprise liability and non-delegable duties; 12. Fundamental obligations; 13. Concluding remarks.

Editorial Reviews

'[This] book offers a rich comparative analysis of case law from the UK, Canada, Australia and the United States, revealing the similarities and differences between these common law jurisdictions and showing the direction that law reform is taking. With an admirable depth of research, the discussion proceeds systematically through a series of questions the determination of which depends on, or can be explained by reference to, theories of enterprise liability.' Wanjiru Njoya, The Edinburgh Law Review

'The great strength of Enterprise Liability and the Common Law is its clear-eyed account of the implications of a firm commitment to enterprise liability, as opposed to fault liability. Upon reading it, one is compelled to ask oneself just how firm that commitment ought to be.' Alistair Price, The Cambridge Law Journal

From the Publisher