A critique of the enterprise risk theory of vicarious liability

Gray, Anthony (2019) A critique of the enterprise risk theory of vicarious liability. Canadian Business Law Journal, 62 (2). pp. 181-210. ISSN 0319-3322

Abstract

The enterprise risk theory has gained prominence as an attempted justification and rationalisation for the imposition of vicarious liability upon employers. This paper makes several criticisms of the enterprise risk theory, including that it does not accurately describe how judges traditionally decide tort law cases, it does not adequately explain all features of vicarious liability law, and it does not justify the imposition of vicarious liability upon organisations.


Statistics for USQ ePrint 37160
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Date Deposited: 08 Oct 2019 04:55
Last Modified: 21 Nov 2019 05:29
Uncontrolled Keywords: vicarious liability; enterprise risk theory; law and economics
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/37160

Actions (login required)

View Item Archive Repository Staff Only