Co-employment
Author : Edward A. Lenz
Publisher :
Page : 284 pages
File Size : 21,75 MB
Release : 2003
Category : Business & Economics
ISBN :
The Future of the Employment Contract
Author : Brodie, Douglas
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 32,46 MB
Release : 2021-07-31
Category : Law
ISBN : 178347968X
Book Description
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Employers' Liability and Workers' Compensation
Author : Ken Oliphant
Publisher : Walter de Gruyter
Page : 660 pages
File Size : 34,31 MB
Release : 2012-10-30
Category : Law
ISBN : 3110270218
Book Description
This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues
Liability of Employers
Author : United States. Congress. House. Committee on the Judiciary
Publisher :
Page : 112 pages
File Size : 11,31 MB
Release : 1908
Category : Employers' liability
ISBN :
Book Description
Vicarious Liability
Author : Anthony Gray
Publisher : Bloomsbury Publishing
Page : 295 pages
File Size : 44,33 MB
Release : 2018-09-20
Category : Law
ISBN : 1509920234
Book Description
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
Liability of Employers
Author : United States. Congress. Senate. Committee on Interstate Commerce
Publisher :
Page : 376 pages
File Size : 42,96 MB
Release : 1906
Category : Employers' liability
ISBN :
Book Description
Reconceptualising Strict Liability for the Tort of Another
Author : Christine Beuermann
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 18,94 MB
Release : 2019-11-28
Category : Law
ISBN : 1509917543
Book Description
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
A Treatise on the Law of Master and Servant
Author : Horace Gay Wood
Publisher :
Page : 1012 pages
File Size : 50,2 MB
Release : 1886
Category : Employers' liability
ISBN :
Book Description
Vicarious Liability in Tort
Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 10,13 MB
Release : 2010-10-28
Category : Law
ISBN : 1139493078
Book Description
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Business Law I Essentials
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
Page : 180 pages
File Size : 32,41 MB
Release : 2019-09-27
Category :
ISBN : 9781680923025
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
