Vicarious Liability and the Family Purpose Doctrine PDF Download

Author: James Harvey Braffet
Publisher:
ISBN:
Category : Respondeat superior
Languages : en
Pages : 136

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Author: James A. Henderson
Publisher: Aspen Publishing
ISBN: 1543838960
Category : Law
Languages : en
Pages : 1540

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Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.

Author: Steven L. Emanuel
Publisher: Aspen Publishing
ISBN: 1543807577
Category : Law
Languages : en
Pages : 722

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Any law school graduate will tell you that when picking your outline tool, you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!

Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Category : Law
Languages : en
Pages : 331

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Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Author: Paul A. LeBel
Publisher: University of Illinois Press
ISBN: 9780252017926
Category : Law
Languages : en
Pages : 368

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Author: Angshuman Banerjee
Publisher: GRIN Verlag
ISBN: 3668201323
Category : Law
Languages : en
Pages : 17

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Essay from the year 2015 in the subject Law - Civil / Private / Industrial / Labour, grade: 4.00, , course: Ethics and Social Responsibility (SBES 601), language: English, abstract: In a world where impulse governs the judgment of human beings, it’s not unusual to enter situations that exhibit mild to severe conflicts of interest, motives, or perspectives. As such, it is of utmost importance to have amicable ways to settle such disputes while minimizing their destructive effects on the individual(s), organization(s), and society. An important aspect of workplace dispute is the concept of vicarious liability. Simply put, it’s a doctrine that holds the employer responsible for the wrong acts of the employee(s). In other words, one party may be held liable (or responsible) for the unlawful acts of the other. However, as always, legal terms are governed and subjected by cases; depending on the scenario, it’s important to effectively distinguish the extent to which the doctrine could be applied without amendment. Apart from this, the rules of vicarious liability differ from country to country as per the local laws of the nation/state. Moreover, there are a number of situations where it isn’t clearly defined as to who (or which party) is deemed responsible for the wrong action – the doer or the party bound to the former in a legal relationship. Also, there’s this issue of unintentional wrong doings (torts) and intentional wrong doings (criminal acts). For unintentional wrong doings (torts), the compensation of the victim is prioritized, but in case of a criminal act, the punishment of the responsible parties is sought. In the end, the question comes up as – who is responsible for the actions, and who should be the one to compensate the victim? In light of this poised question, this brief essay will attempt to shed some light on the matter to reduce its complicated nature for the ease of understanding. It will begin with introducing the concept of vicarious liability in some detail, then differentiate between an intentional and unintentional wrong doing, further putting it in the context of employee – employer and contractor – client (muqawala) relationships. Then it will cite some cases to explain the exceptions (if they exist) to the proposed doctrine, and finally it will conclude with the amendments adopted in the local i.e. U.A.E. law and how they can be compared to their American and British counterparts.

Author: J.P. Ogilvy
Publisher: Aspen Publishing
ISBN: 1454877278
Category : Law
Languages : en
Pages : 510

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Inside Torts: What Matters and Why is a concise, clearly-written, and student-friendly guide to the principal topics covered in most first-year torts courses. It is designed to provide the fundamentals while, at the same time, identifying some of complexities of modern tort law. The goal of the book is to demystify the doctrine without oversimplifying it. Overviews briefly introduce the topics of each chapter. The detailed tables of contents provide a starting point for the student to begin his or her own course outline. FAQs identify common misconceptions and sort them out, and numerous Sidebars offer additional insights, study tips, and practice pointers. Chapter summaries and bolded key terms facilitate study and review by reminding students of the key concepts that are needed to perform well on examinations. Connections at the end of each chapter illustrate the interconnections between the topics, encouraging students to integrate their knowledge of torts. Key Features: Basic coverage of the main topics of torts. Overviews provide a brief introduction to each chapter. Detailed table of contents to each chapter. FAQs with complete answers to address common mistakes and misconceptions. Bold-faced legal terms and definitions to build legal vocabulary. Sidebars that offer additional insights into the complexities of tort law. Chapter summaries provide a quick review of the essential doctrine. Connections section at the end of each chapter relates concepts to other chapters.

Author: Anthony Gray
Publisher: Bloomsbury Publishing
ISBN: 1509920234
Category : Law
Languages : en
Pages : 295

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Book Description
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.

Author: Steven L. Emanuel
Publisher: Aspen Publishing
ISBN: 145485278X
Category : Law
Languages : en
Pages : 423

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Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer Q&A s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams. Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time. Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. The Capsule Summary allows you to quickly review key concepts. You can test your knowledge by working through the ample Short-Answer Q&A s, which are organized by topic. Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues. CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams. Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided. CrunchTime aids structure the maximum amount of information you can learn in the last week before exams. Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.

Author: Steven L. Emanuel
Publisher: Aspen Publishing
ISBN: 1454880120
Category : Law
Languages : en
Pages : 1221

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The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.