Reconceptualising Strict Liability for the Tort of Another (Hart Studies in Private Law) (Hardcover)

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Reconceptualising Strict Liability for the Tort of Another (Hart Studies in Private Law) (Hardcover)

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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.
Christine Beuermann is Lecturer in Law at the University of Newcastle.
Product Details ISBN: 9781509917532
ISBN-10: 1509917535
Publisher: Hart Publishing
Publication Date: November 28th, 2019
Pages: 240
Series: Hart Studies in Private Law