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
Preface
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
The sexual abuse cases of Bazley v Curry and Lister v Hesley Hall led to considerable changes in the law of vicarious liability in Canada and the UK. In Bazley this expansion of liability was legitimised by reference to the doctrine of enterprise liability. In the author's view recourse to enterprise liability is of particular significance given contemporary concern over the proper extent of corporate social responsibility; the invocation of enterprise liability can be seen as the common law's response. Leaving aside changes to the law of vicarious liability, how else might the common law respond and how pivotal is enterprise liability likely to be? This book seeks to provide a critique of recent developments and an assessment of the further changes that are likely to take place where the employer's common law obligations are concerned (whether in tort or under the law of contract of employment). The author hopes that the book will have considerable appeal to scholars of both tort and labour law in the UK, Australia and Canada, all being jurisdictions where enterprise liability has been invoked.
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- Publisher: Cambridge University PressPrint publication year: 2010