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
4 - The risk and the individual
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
As has already been made clear, Bazley seeks to achieve equity as between the enterprise and the victim of the tort. In the eyes of the Supreme Court ensuring that this is achieved in a way that is not unfair to the enterprise requires that the trial court focus on the risks flowing from specific employments rather than those which could simply be said to be risks of the enterprise. Again, where intentional torts are concerned, Lister requires a close connection between the tort and the nature of the employment. (See Chapters 2 and 3.) Of course, consideration of the risks inherent in an enterprise remains essential if one wishes to be fully appraised of the risks that a particular job, within that enterprise, gives rise to. It is difficult to determine the true nature of a post if it is detached from the context within which it operates. The emphasis on the risks created by a particular post is not without controversy. This is illustrated by the conflict of views between the trial courts and the appellate courts in E.B. v the Order of Oblates of Mary Immaculate. There the claimant had attended a residential school run by the Order. He was sexually assaulted by a lay employee (S) who worked as a baker, boat driver and odd-job man and resided in a building located on the school grounds.
- Type
- Chapter
- Information
- Enterprise Liability and the Common Law , pp. 45 - 54Publisher: Cambridge University PressPrint publication year: 2010