Gray, Anthony (2011) Why vicarious liability must be abandoned. Australian Business Law Review, 39 (2). pp. 67-84. ISSN 0310-1053
Official URL: http://www.thomson.com.au/catalogue/shopexd.asp?id...
Abstract
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.
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| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Permanent restricted access to published version due to publisher copyright policy. |
| Depositing User: | Dr Anthony Gray |
| Faculty / Department / School: | Historic - Faculty of Business and Law - School of Law |
| Date Deposited: | 15 Apr 2011 01:34 |
| Last Modified: | 24 Aug 2014 23:33 |
| Uncontrolled Keywords: | vicarious liability; control; employee; independent contractor; strict liability |
| Fields of Research : | 18 Law and Legal Studies > 1801 Law > 180126 Tort Law |
| Socio-Economic Objective: | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform |
| URI: | http://eprints.usq.edu.au/id/eprint/18903 |
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