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Attribution

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0011
Subject:
Law, Law of Obligations

One obvious objection to a rights-based conception of the law of torts is the law of vicarious liability. According to the orthodox picture of the law, one party (an employer) who has committed no ... More


Excluding Fault from Criminal Responsibility: Strict and Vicarious Liability: Quasi-criminal or Regulatory Offences?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0008
Subject:
Law, Legal History

In stark contrast with practically every other area of criminal law development during the 19th century, strict and vicarious liability were subject to scarcely any extrajudicial commentary or ... More


Continental Europe’s Codified Law of Delict

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0002
Subject:
Law, EU Law

Every European nation with a codified civil law has devoted a complete section of it to the law of delict. Of these states, those currently belonging to the EU are: Belgium, Germany, France, Italy, ... More


Enterprise Liability, Business Participant Liability, and Limited Liability

Eric W Orts

in Business Persons: A Legal Theory of the Firm

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.003.0005
Subject:
Business and Management, Organization Studies

This chapter examines the liability and responsibility of firms and their participants for wrongful harms to others (or “externalities”). Two kinds of liability include: (1) enterprise liability of ... More


TORTS AND EQUITABLE WRONGS

Donal Nolan and John Davies

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0017
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the law of torts and equitable wrongs. It covers the basic concepts, cases, and defences for negligence; wrongs actionable concurrently with negligence; strict liability ... More


The Development of Tort law

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0020
Subject:
Law, Legal History

This chapter on the development of tort law in the 19th century covers the uses of tort law, the structure of tort law, the problem of vicarious liability, and the use of juries in tort cases and ... More


Strict Liability

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0032
Subject:
Law, Law of Obligations

This chapter deals with strict liability, a legal doctrine that makes a person responsible for the damage and loss caused by his acts and omissions regardless of culpability. The first section ... More


Vicarious Liability

PHILIP SIMPSON

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0019
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discusses vicarious liability, an absolute liability of an employer for those delicts committed by his employee in the course of the employment. The basis of this principle lies within ... More


Excluding the Presumption of Fault: Strict and Vicarious Responsibility—Nineteenth-century Developments

K. J. M. Smith

in Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198257233
eISBN:
9780191681738
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257233.003.0006
Subject:
Law, Criminal Law and Criminology

In stark contrast with practically every other area of criminal law development during the nineteenth century, strict and vicarious liability were subject to scarcely any extrajudicial commentary or ... More


Insurance and Law

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0008
Subject:
Law, Law of Obligations

This chapter argues that this kind of influence can be seen in the legislature, but, in England, much less in the courts than some of the proponents of the influence view would have us believe. On ... More


Deferred Prosecution Agreements on Trial: Lessons from the Law of Unconstitutional Conditions

Richard A. Epstein

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines the appropriate limit of deferred prosecution agreements (DPAs) in light of the serious dangers in using any principle of corporate criminal liability. It begins with an ... More


When Should Organizations Be Liable for Transnational Bribery?

Kevin E. Davis

in Between Impunity and Imperialism: The Regulation of Transnational Bribery

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190070809
eISBN:
9780190070830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070809.003.0008
Subject:
Law, Public International Law

When should organizations, as opposed to individuals, be the targets of sanctions for transnational bribery? The OECD paradigm calls for the net of liability to be cast widely, not only over ... More


O’Keeffe v. Ireland: overview and analysis

James Gallen

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0006
Subject:
Law, Legal History

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of ... More


Liability and Enforcement

Paul Davies

in Introduction to Company Law

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198854913
eISBN:
9780191888977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854913.003.0008
Subject:
Law, Company and Commercial Law

The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the ... More


Collective Responsibility

Thomas J. Miceli

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0023
Subject:
Classical Studies, European History: BCE to 500CE

The concept of collective responsibility, or group punishment, for crimes or other harmful acts, was a pervasive feature of ancient societies, as exemplified by the Roman Senatus Consultum ... More


The Law of Tort

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0014
Subject:
Law, Comparative Law

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in ... More


Church Insurance and Abuse Claims

James T. O’Reilly and Margaret S. P. Chalmers

in The Clergy Sex Abuse Crisis and the Legal Responses

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199937936
eISBN:
9780199350209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199937936.003.0007
Subject:
Law, Criminal Law and Criminology, Private International Law

Insuring churches was a sleepy subset of the casualty carriers‘ business until clergy sex cases and huge payouts led insurers to exclude abuse. Lawyers still push limits of coverage, and dioceses ... More


Armed Forces

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of ... More


The Phantom Menace of the Responsibility Deficit

John Hasnas

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0006
Subject:
Business and Management, Corporate Governance and Accountability

The strongest argument for the conclusion that corporations should be held morally responsible for their actions has been advanced by Philip Pettit. Pettit’s argument proceeds in two steps: arguing ... More


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