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4 - The risk and the individual

Published online by Cambridge University Press:  17 November 2010

Douglas Brodie
Affiliation:
University of Edinburgh
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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.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • The risk and the individual
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.005
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  • The risk and the individual
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The risk and the individual
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.005
Available formats
×