The enterprise risk theory of vicarious liability

Gray, Anthony (2018) The enterprise risk theory of vicarious liability. Australian Business Law Review, 46 (3). pp. 178-196. ISSN 0310-1053


The theory of enterprise risk is increasingly being utilised to justify the imposition of vicarious liability upon an employer. Under this theory costs associated with ordinary risks of business are allocated to an employer, regardless of fault. It has been adopted and applied by courts in the United Kingdom, Canada and the United States. The article argues the Australian High Court has been correct to refuse to adopt such an approach. It is contrary to fault-based liability upon which much tort law depends, and is not justified by a deterrence rationale.

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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, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 21 Sep 2018 01:19
Last Modified: 02 Oct 2018 03:24
Uncontrolled Keywords: enterprise risk theory, vicarious liability, employer, employee, liability fault
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 > 940401 Civil Justice

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