Relevant bibliographies by topics / Common law doctrine of vicarious liability

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  2. Dissertations / Theses
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Academic literature on the topic 'Common law doctrine of vicarious liability'

Author: Grafiati
Published: 4 June 2021
Last updated: 6 February 2022

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Journal articles on the topic "Common law doctrine of vicarious liability"

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Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.

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AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in
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Millard, Daleen, and Eugene Gustav Bascerano. "EMPLOYERS’ STATUTORY VICARIOUS LIABILITY IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 11, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a555.

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A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI). Section 99(1) of POPI provides a person (“data subject”), whose privacy has been infringed, with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for processing of personal information of data subjects. Although POPI doe
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Morgan, Edward. "De minimis non curat lex: A Profound Juridical Unity?" Ecclesiastical Law Journal 20, no. 3 (2018): 261–77. http://dx.doi.org/10.1017/s0956618x18000455.

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In recent years, those involved in regulating, forming or advising faith communities have had much to contend with: the expansion of the vicarious liability doctrine, the status of ministers of religion and the decision in Shergill v Khaira, not to mention the General Data Protection Regulation. These issues share a common denominator: they require faith communities to give close consideration to the values which they seek to articulate and foster in the expression of their own autonomy and right of self-determination. That is, they serve as a prompt to reconnect with the intellectus and vincu
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Morgan, Phillip. "Vicarious liability and the beautiful game – liability for professional and amateur footballers?" Legal Studies 38, no. 2 (2018): 242–62. http://dx.doi.org/10.1017/lst.2017.23.

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AbstractVicarious liability has a greater reach within both professional and amateur football than previously thought. The newly-expanded doctrine has opened up vicarious liability for amateur players, and within grassroots teams. A greater range of torts may also now trigger vicarious liability, such as acts of on and off-pitch violence. The Football Association will need to review the scope of the National Game Insurance Scheme, which significantly lags behind this expanded exposure to vicarious liability.Examining vicarious liability in the context of football also reveals significant probl
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Swain, Warren. "A HISTORICAL EXAMINATION OF VICARIOUS LIABILITY: A “VERITABLE UPAS TREE”?" Cambridge Law Journal 78, no. 3 (2019): 640–61. http://dx.doi.org/10.1017/s0008197319000680.

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AbstractVicarious liability was, and it remains, curiously unsatisfactory. After a period of stability from the Middle Ages into the early modern period in the late seventeenth into the early eighteenth century, the existing law of vicarious liability began to be challenged. The mid-nineteenth century saw another reappraisal coinciding with the rise of notions of fault. The period that follows, from the late nineteenth century until after the Second World War period has not attracted much comment. One key debate in this period and earlier which provides a useful lens to examine the doctrine wa
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Madhuku, Lovemore. "Vicarious Liability of an Employer for the Delictual Acts of his Servant under Zimbabwean Law." Journal of African Law 38, no. 2 (1994): 181–88. http://dx.doi.org/10.1017/s0021855300005519.

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The doctrine of vicarious liability is easy to define but difficult to apply. In the recent Zimbabwean case of Fawcett Security Operations (Pot) Lid. v. Omar Enterprises (Pvt) Ltd., the Supreme Court held that a security company (the employer) who provided a security guard (the servant) to detect and prevent theft from the respondent's supermarket was not vicariously liable for the servant's subsequent theft of the very goods he was meant to guard. It is difficult to support this decision and its indirect effect is to call for a re-examination of this part of the law. Accordingly this article
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Vaughn, Michael S. "Police Sexual Violence: Civil Liability Under State Tort Law." Crime & Delinquency 45, no. 3 (1999): 334–57. http://dx.doi.org/10.1177/0011128799045003003.

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This article explores civil liability under state tort law against criminal justice personnel engaged in police sexual violence (PSV). After describing vicarious liability under the doctrine of respondeat superior, the article identifies five theories that courts use in deciding whether criminal justice agents commit PSV within the scope of employment. The article also discusses PSV cases litigated pursuant to intentional and negligence torts. It concludes that governmental entities need to systematically collect data on the prevalence of PSV, and criminal justice agencies need to monitor empl
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Giliker, Paula. "ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION." Cambridge Law Journal 77, no. 3 (2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.

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AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practic
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Karimi, Fatemeh, and Mohammad Ali Ardebili. "Criminal Liability for other Behavior by Looking at Vote in Courts." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (2021): 220. http://dx.doi.org/10.18415/ijmmu.v8i9.3018.

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Despite the fact that crime and punishment are personal, in answer to the question of whether other persons besides the perpetrators of the crime are responsible? According to the circumstances, a positive answer can be given. Over time, with the qualitative growth of laws, Vicarious liability was formed. Until 2013, the criminal liability of legal entities existed exceptionally in scattered laws. Legal doctrine has proposed different theories in this regard, which in general can be divided into two categories: "Fault doctrine" and " Risk doctrine ". Iranian law, according to the votes of the
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Deakin, Simon. "ORGANISATIONAL TORTS: VICARIOUS LIABILITY VERSUS NON-DELEGABLE DUTY." Cambridge Law Journal 77, no. 1 (2018): 15–18. http://dx.doi.org/10.1017/s0008197318000168.

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ON 18 October 2017, the UK Supreme Court decided Armes v Nottinghamshire County Council [2017] UKSC 60. The Court ruled that a local authority could be vicariously liable for intentional torts committed by foster parents against a child whom the authority had placed in their care. The outcome was not entirely unexpected. Less than two decades ago it would have been inconceivable. After all, isn't it the case that the common law does not recognise a general principle of liability in tort for the acts of third parties? And that in so far as it does, it holds an employer vicariously liable for a
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Dissertations / Theses on the topic "Common law doctrine of vicarious liability"

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Roets, Maria Elizabeth. "Comparative perspectives on the doctrine of vicarious liability." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/3675.

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The doctrine of vicarious liability provides justification for a deviation from the general rule that fault is an indispensable requirement to attach liability to an individual. The doctrine provides that an aggrieved party may hold an employer liable for the wrongful or delictual conduct of its employees. The South African legal system inherited the doctrine of vicarious liability from common-law and the doctrine is deeply rooted in English-law. The South African legal sphere is subject to constant transformation and as a result hereof, the common-law doctrine of vicarious liability should al
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Mlungisi, Ernest Tenza. "The liability of trade unions for conduct of their members during industrial action." Thesis, 2016. http://hdl.handle.net/10500/23172.

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South Africa has been experiencing a number of violent strikes by trade unions in recent times. The issue is not only to hold unions liable for damage caused during strikes, but also to reduce the number of violent strikes. This study investigates if victims of such violence can hold trade unions liable for the violent acts committed by their members during industrial action. The Labour Relations Act, 66 of 1995 (LRA) makes provision for the dismissal of employees who commit misconduct during an unprotected strike. It also provides the remedy of an interdict and a claim for just and equ
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Van, Eeden Albert Jacob. "The constitutionality of vicarious liability in the context of the South African labour law : a comparative study." Diss., 2014. http://hdl.handle.net/10500/13596.

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If the expectancy that someone was to act according to what we deem to be his or her “duty” was that straightforward, there would be no need to address the issues of liability of the employee for the wrongful acts of the employer. The recent - and some say alarming - trend in South Africa to hold employers (particularly the government) liable for wrongful, culpable acts committed by their employees, gives rise to difficulties and any inquiry into the possible vicarious liability of the employer should necessarily always start by asking whether there was in fact a wrongful, culpable act committ
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Makiwane, Paterson Nkosemntu. "The nature of association and dissociation for common purpose liability." Diss., 1999. http://hdl.handle.net/10500/17306.

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Since the pre-requisites for common-purpose liability where there was no prior agreement were laid down in S V Mgedezi 1989 (1) SA 687 (A), the appellate division has moved to resolve related controversial issues. These include the question whether a joiner-in is a perpetrator or accomplice, and whether he should be convicted of murder or attempted murder. It is the question of dissociation which has remained elusive. Courts accept that a person should only be criminally liable when his dissociation from a common purpose takes place after the commencement of execution stage i
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Awa, Linus Tambu. "The interpretation and application of dolus eventualis in South African criminal law." Thesis, 2019. http://hdl.handle.net/10500/26460.

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An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The pr
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Books on the topic "Common law doctrine of vicarious liability"

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Nuttall, Lee. The common law history of the doctrine of common employment from 1837 until 1893 and the effect of the Employers' Liability Act 1880 upon that doctrine. University of Birmingham, 1989.

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Rüfner, Thomas. Substance of Medieval Roman Law. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.16.

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The medieval jurists had to adapt the rules of ancient Roman law to the needs of their time. Not all these adaptations can be viewed positively. Justinianic law provided the legal framework for the late medieval resurgence of chattel slavery. Serfdom was also accommodated within the Roman law of persons. On the other hand, restrictions on the ability of women to participate in business were relaxed. A theory of legal personality was developed. In property law, the jurists conceptualized feudal tenure as a form of quasi-ownership. The renaissance of the Roman testament transformed the law of su
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Herring, Jonathan. 10. Participation. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0010.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the liability of parties who participate in the criminal acts of others. Liability can be split into four parts: those who are accessories, those who are joint perpetrators, those who are vicariously liable, and those who are corporations. Accessories are those who aid, abet, counsel, or procure the commission of the principal offence. Pa
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Book chapters on the topic "Common law doctrine of vicarious liability"

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Horsey, Kirsty, and Erika Rackley. "20. Vicarious liability." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0020.

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This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.
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Horsey, Kirsty, and Erika Rackley. "20. Vicarious liability." In Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.003.0020.

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This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.
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Horsey, Kirsty, and Erika Rackley. "20. Vicarious liability." In Tort Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867760.003.0020.

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This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.
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Brennan, Carol, and Vera Bermingham. "9. Vicarious liability." In Tort Law Directions. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853923.003.0009.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, liability is based on the personal fault of the wrongdoer himself. A person is liable only for his own acts, and a defendant will usually be free of any liability unless he has negligently or intentionally caused the harm or damage to the claimant. However, a person who has no fault or personal blame may also be held liable for the damage caused by the tort of another. This is known as vicarious liability, which is most common in the workplace and imposes liability without the need to prove that the defendant is at fault.
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Marson, James, and Katy Ferris. "13. Vicarious Liability and Statutory Duties." In Business Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198766285.003.0013.

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This chapter identifies the doctrine of vicarious liability and its potential impact on employers. An employer faces vicarious liability when an individual engaged by it to perform some function for the business commits a tort; if this occurs within the course of employment and the individual engaged has the employment status of an employee, the employer may be jointly liable with the tortfeasor. The doctrine was developed, through the courts, to ensure that injured persons are compensated for losses sustained as a result of a negligent or wrongful act, with the obligation being placed on the employer to compensate and further to prevent any future torts being committed. The chapter considers the liability of those producing, supplying, marketing, and importing goods that contain defects which cause damage or loss.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803904.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840541.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897275.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Ormerod, David, and Karl Laird. "8. Corporate and vicarious liability." In Smith, Hogan, & Ormerod's Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807094.003.0008.

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This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity, and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc.; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle, and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.
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Ormerod, David, and Karl Laird. "8. Corporate and vicarious liability." In Smith, Hogan, and Ormerod's Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0008.

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This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.
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