Gray, Anthony (2011) Why vicarious liability must be abandoned. Australian Business Law Review, 39 (2). pp. 67-84. ISSN 0310-1053
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Official URL: http://www.thomson.com.au/catalogue/shopexd.asp?id=656
This article calls for a reconsideration of the doctrine of vicarious liability. I argue that the doctrine has become separated from its original rationale, not explicable in terms of any single coherent philosophical principles, and requires difficult and arbitrary lines to be drawn that don't fit the realities of the modern workplace. The doctrine is not consistent with other developments in Australian tort law in recent times.
|Item Type:||Article (Commonwealth Reporting Category C)|
|Additional Information:||Permanent restricted access to published version due to publisher copyright policy.|
|Uncontrolled Keywords:||vicarious liability; control; employee; independent contractor; strict liability|
|Fields of Research (FOR2008):||18 Law and Legal Studies > 1801 Law > 180126 Tort Law|
|Socio-Economic Objective (SEO2008):||C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform|
|Deposited On:||15 Apr 2011 11:34|
|Last Modified:||28 Sep 2012 16:21|
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