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Vicarious Liability In Tort

Vicarious
Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Size: 28.78 MB
Format: PDF, Mobi
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Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Vicarious Liability in Tort
Language: en
Pages:
Authors: Paula Giliker
Categories: Law
Type: BOOK - Published: 2010-10-28 - Publisher: Cambridge University Press
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Theoretische Grundlagen, dogmatische Konzeption und wichtige Functionsbereiche der unbedingten Haftung (vicarious liability) des masters für unerlaubte Handlungen seiner servants im englischen Recht, mit vergleichenden Anmerkungen zur Reform der Haftung für Verrichtungsgehilfen im deutschen Recht
Language: de
Pages: 143
Authors: Wilhelm Bernd Frank
Categories: Respondeat superior
Type: BOOK - Published: 1973 - Publisher:
Books about Theoretische Grundlagen, dogmatische Konzeption und wichtige Functionsbereiche der unbedingten Haftung (vicarious liability) des masters für unerlaubte Handlungen seiner servants im englischen Recht, mit vergleichenden Anmerkungen zur Reform der Haftung für Verrichtungsgehilfen im deutschen Recht
Vicarious Liability
Language: en
Pages: 288
Authors: Anthony Gray
Categories: Law
Type: BOOK - Published: 2018-09-20 - Publisher: Bloomsbury Publishing
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
The Neural Underpinnings of Vicarious Experience
Language: en
Pages:
Authors: Anthony Gray
Categories: Law
Type: BOOK - Published: 2014-08-27 - Publisher: Frontiers E-books
Everyday we vicariously experience a range of states that we observe in other people: we may “feel” embarrassed when witnessing another making a social faux pas, or we may feel sadness when we see a loved one upset. In some cases this process appears to be implicit. For instance, observing pain in others may activate pain-related neural processes but without generating an overt feeling of pain. In other cases, people report a more literal, conscious sharing of affective or somatic states and this has sometimes been described as representing an extreme form of empathy. By contrast, there appear to be some people who are limited in their ability to vicariously experience the states of others. This may be the case in several psychiatric, neurodevelopmental, and personality disorders where deficits in interpersonal understanding are observed, such as schizophrenia, autism, and psychopathy. In recent decades, neuroscientists have paid significant attention to the understanding of the “social brain,” and the way in which neural processes govern our understanding of other people. In this Research Topic, we wish to contribute towards this understanding and ask for the submission of manuscripts focusing broadly on the neural underpinnings of vicarious experience. This may include theoretical discussion,
Vicarious Identity in International Relations
Language: en
Pages: 256
Authors: Christopher S. Browning, Pertti Joenniemi, Brent J. Steele
Categories: Philosophy
Type: BOOK - Published: 2021-02-05 - Publisher: Oxford University Press, USA
"This book theorizes and problematizes the politics of vicarious identity in International Relations, where vicarious identity refers to processes of 'living through the other'. While prevalent and recognised in family and social settings, the presence and significance of vicarious identification in international relations has been overlooked. Vicarious identification offers the prospect of bolstering narratives of self-identity and appropriating a sense of reflected glory and enhanced self-esteem, but insofar as it may mask and be a response to emergent anxieties, inadequacies and weaknesses it also entails vulnerabilities. The book explores both its attraction and potential pitfalls, theorising these in the context of emerging literatures on ontological security, status and self-esteem, highlighting both its constitutive practices and normative limits and providing a methodological grounding for identifying and studying the phenomenon in world politics. Vicarious identification and vicarious identity promotion are shown to be politically salient and efficacious across a range of scales, from the international politics of the everyday evident, for instance, in practices associated with (militarised) nationalism, through to interstate relations. In regard to this latter the book provides case analyses of vicarious identification in relations between the US and Israel, the UK-US 'special relationship' and Denmark and the US, and
Vicarious Warfare
Language: en
Pages: 320
Authors: Thomas Waldman
Categories: Political Science
Type: BOOK - Published: 2021-01-06 - Publisher:
This compelling account charts the historical emergence of vicarious warfare and its contemporary prominence. It contrasts its tactical advantages with its hidden costs and potential to cause significant strategic harm.
Vicarious Kingship
Language: en
Pages: 237
Authors: Manolis Papoutsakis
Categories: Religion
Type: BOOK - Published: 2017-01-30 - Publisher: Mohr Siebeck
In Late Antiquity, the biblical text served as the fundamental source of reference for Syriac intellectuals in their thinking about political power. Manolis Papoutsakis takes this point seriously and explains in detail the different exegetical steps by which certain attitudes to imperial power were reached.
Vicarious Narratives
Language: en
Pages: 272
Authors: Jeanne M. Britton
Categories: Literary Criticism
Type: BOOK - Published: 2019-09-19 - Publisher: Oxford University Press
Adam Smith's Theory of Moral Sentiments (1759) defines sympathy as a series of shifts in perspective by which one sees from a different point of view. British and French novels published over the following century redefine sympathy through narrative form—shifting perspectives or 'stories within stories' in which one character adopts the voice and perspective of another. Fiction follows Smith's emphasis on sympathy's shifting perspectives, but this formal echo coincides with a challenge. For Smith and other Enlightenment philosophers, the experience of sympathy relies on human resemblance. In novels, by contrast, characters who are separated by nationality, race, or species experience a version of sympathy that struggles to accommodate such differences. Encounters between these characters produce shifts in perspective or framed tales as one character sympathizes with another and begins to tell her story, echoing Smith's definition of sympathy in their form while challenging Enlightenment philosophy's insistence on human resemblance. Works of sentimental and gothic fiction published between 1750 and 1850 generate a novelistic version of sympathy by manipulating traditional narrative forms (epistolary fiction, embedded tales) and new publication practices (the anthology, the novelistic extract). Second-hand stories transform the vocal mobility, emotional immediacy, and multiple perspectives associated with the declining genre
Vicarious Trauma and Disaster Mental Health
Language: en
Pages: 208
Authors: Gertie Quitangon, Mark R. Evces
Categories: Psychology
Type: BOOK - Published: 2015-02-11 - Publisher: Routledge
Vicarious Trauma and Disaster Mental Health focuses on the clinician and the impact of working with disaster survivors. Floods, hurricanes, tornadoes, mass shootings, terrorism and other large-scale catastrophic events have increased in the last decade and disaster resilience has become a national imperative. This book explores vicarious traumatization in mental health providers who respond to massive disasters by choice or by circumstance. What happens when clinicians share the trauma and vulnerability from the toll taken by a disaster with the victims they care for? How can clinicians increase resilience from disaster exposure and provide mental health services effectively? Vicarious Trauma and Disaster Mental Health offers insight and analysis of the research and theory behind vicarious trauma and compares and contrasts with other work-impact concepts such as burnout, compassion fatigue and secondary traumatic stress. It proposes practical evidence-informed personal strategies and organizational approaches that address five cognitive schemas (safety, esteem, trust, control and intimacy) disrupted in vicarious trauma. With an emphasis on the psychological health and safety of mental health providers in the post-disaster workplace, this book represents a shift in perspective and provides a framework for the promotion of worker resilience in the standard of practice in disaster management.
The Vicarious Element in Nature and Its Relation to Christ
Language: en
Pages: 87
Authors: Thatcher Thayer
Categories: Atonement
Type: BOOK - Published: 1888 - Publisher:
Books about The Vicarious Element in Nature and Its Relation to Christ