Vicarious Liability in Tort: A Comparative Perspective by Paula Giliker

By Paula Giliker

Vicarious legal responsibility is debatable: a precept of strict legal responsibility in a space ruled by means of fault-based legal responsibility. through making an blameless get together pay reimbursement for the torts of one other, it may well additionally look unjust. but it's a precept present in all Western criminal structures, be they civil legislations or universal legislations. regardless of uncertainty as to its justifications, it really is authorized as priceless. In our sleek international economic climate, we're not going to appreciate its that means and cause via examine of 1 felony method by myself. utilizing her significant adventure as a comparative tort legal professional, Paula Giliker examines the main of vicarious legal responsibility (or, to a civil legal professional, legal responsibility for the acts of others) in England and Wales, Australia, Canada, France and Germany, and near to felony structures in nations corresponding to the USA, New Zealand and Spain.

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Normally common law wrongs, or torts, comprise particular types of conduct regarded by the common law as blameworthy. In respect of these wrongs the common law imposes liability on the wrongdoer himself. ’3 Neither is it consistent with the core principles of fault found in civilian systems. 5 In all these systems, fault is seen as the core basis for liability. Clearly the existence of and justification for vicarious liability require some explication. Yet, this is a topic which has attracted surprisingly little theoretical interest, despite the fact that it runs counter to the basic principle of tort law which maintains that a person should only be held accountable for the wrongs he or she commits against another.

6(3) 224 Anti-Social Behaviour Act 2003 s. 19 203 s. 20 203 s. 25 203 s. 26 203 Companies Act 1985 ss 35(1), 35 (A)(1) 47 Crime and Disorder Act 1998 s. 8 203 s. 9 203 ss. 13A-13E 202 Children Act 1989 s. 2(1)(2) 198 Children Act 2004 s. 58(3) 200 Civil Liability (Contribution) Act 1978 31, 91 s. 2 41, 200 Congenital Disabilities (Civil Liability) Act 1976 s. 2 200 Crown Proceedings Act 1947 s. 2 50 Employers’ Liability (Compulsory Insurance) Act 1969 Family Law Reform Act 1969 s. 1 198 Fire Prevention (Metropolis) Act 1774 121 Human Rights Act 1988 50 Law Reform (Personal Injuries) Act 1948 s.

Beck, 2009), } 831, para. 1. (1967) 525 and Mu vicarious liability: an historical overview 11 Nevertheless, as will be discussed in subsequent chapters, German law today does impose vicarious liability despite the express wording of its Code. In addition to specific strict liability provisions outside the BGB,35 the courts have turned to contract law. Zimmermann has remarked that ‘} 831 BGB has turned out to be a major source of embarrassment’36 and the resort of the German courts to contract law37 and other provisions of the BGB38 serves not only to demonstrate the strategic error of the decision in 1896 to adhere to fault-based liability, but also the ability of the courts to adapt codified law to meet contemporary social and economic needs.

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