Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
1 - Introduction
Published online by Cambridge University Press: 17 November 2010
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
Summary
Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Whilst enterprise liability has been widely influential and, whilst the policy issues faced by the courts have been very similar, the solutions adopted have varied in different jurisdictions, some displaying a greater debt to enterprise liability than others. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibilities. It seems timely to both review whether recourse to enterprise liability has provided an appropriate basis upon which to justify an expansion of legal responsibilities and to assess the merits of the specific reforms that have occurred. It is also timely to consider what further developments are likely and the ways in which different jurisdictions may respond. The potential for such developments is not confined to the law of torts but also exists at the level of the contract of employment: a major question is whether enterprise liability will be as influential in prompting changes to the duties owed by employer and employee.
- Type
- Chapter
- Information
- Enterprise Liability and the Common Law , pp. 1 - 15Publisher: Cambridge University PressPrint publication year: 2010