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Reconceptualising Strict Liability for the Tort of Another

Lookup NU author(s): Dr Christine BeuermannORCiD

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Abstract

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.


Publication metadata

Author(s): Beuermann C

Publication type: Authored Book

Publication status: Published

Edition: 1st

Series Title: Hart Studies in Private Law

Year: 2019

Number of Pages: 240

Print publication date: 28/11/2019

Acceptance date: 18/04/2019

Publisher: Hart Publishing

Place Published: Oxford, UK

URL: https://www.bloomsbury.com/uk/reconceptualising-strict-liability-for-the-tort-of-another-9781509917532/

Library holdings: Search Newcastle University Library for this item

ISBN: 9781509917532


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