Vicarious Liability in Tort

1.1 Introduction The doctrine of vicarious liability lies at the heart of all common law systems of tort law. It represents not a tort, but a rule of responsibility which renders the defendant liable for the torts committed by another.

Author: Paula Giliker

Publisher: Cambridge University Press

ISBN: 9781139493079

Category: Law


View: 507


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.

Vicarious Liability

That area of law which we now refer to as vicarious liability has an extensive history. It has adapted very substantially from its original roots, more so than many other legal doctrines. As this is intended to be a book that is ...

Author: Anthony Gray

Publisher: Bloomsbury Publishing

ISBN: 9781509920259

Category: Law

Page: 288

View: 403


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.

The Neural Underpinnings of Vicarious Experience

use tingling stimuli of a low intensity instead of electrocutaneous stimuli to investigate vicarious experiences. In line with this, pain responders in the study of Osborn and Derbyshire (2010) rated the average vicarious pain across ...


Publisher: Frontiers E-books

ISBN: 9782889192649



View: 161


Everyday we vicariously experience a range of states that we observe in other people: we may “feel” embarrassed when witnessing another making a social faux pas, or we may feel sadness when we see a loved one upset. In some cases this process appears to be implicit. For instance, observing pain in others may activate pain-related neural processes but without generating an overt feeling of pain. In other cases, people report a more literal, conscious sharing of affective or somatic states and this has sometimes been described as representing an extreme form of empathy. By contrast, there appear to be some people who are limited in their ability to vicariously experience the states of others. This may be the case in several psychiatric, neurodevelopmental, and personality disorders where deficits in interpersonal understanding are observed, such as schizophrenia, autism, and psychopathy. In recent decades, neuroscientists have paid significant attention to the understanding of the “social brain,” and the way in which neural processes govern our understanding of other people. In this Research Topic, we wish to contribute towards this understanding and ask for the submission of manuscripts focusing broadly on the neural underpinnings of vicarious experience. This may include theoretical discussion, case studies, and empirical investigation using behavioural techniques, electrophysiology, brain stimulation, and neuroimaging in both healthy and clinical populations. Of specific interest will be the neural correlates of individual differences in traits such as empathy, how we distinguish between ourselves and other people, and the sensorimotor resonant mechanisms that may allow us to put ourselves in another’s shoes.

Vicarious Identity in International Relations

that at the state level reliance on vicarious identity and vicarious identification practices typically emerge in situations where conceptions of selfidentity appear to be in trouble due to internal struggles and contestations or ...

Author: Christopher S. Browning

Publisher: Oxford University Press, USA

ISBN: 9780197526385

Category: Philosophy

Page: 256

View: 694


"This book theorizes and problematizes the politics of vicarious identity in International Relations, where vicarious identity refers to processes of 'living through the other'. While prevalent and recognised in family and social settings, the presence and significance of vicarious identification in international relations has been overlooked. Vicarious identification offers the prospect of bolstering narratives of self-identity and appropriating a sense of reflected glory and enhanced self-esteem, but insofar as it may mask and be a response to emergent anxieties, inadequacies and weaknesses it also entails vulnerabilities. The book explores both its attraction and potential pitfalls, theorising these in the context of emerging literatures on ontological security, status and self-esteem, highlighting both its constitutive practices and normative limits and providing a methodological grounding for identifying and studying the phenomenon in world politics. Vicarious identification and vicarious identity promotion are shown to be politically salient and efficacious across a range of scales, from the international politics of the everyday evident, for instance, in practices associated with (militarised) nationalism, through to interstate relations. In regard to this latter the book provides case analyses of vicarious identification in relations between the US and Israel, the UK-US 'special relationship' and Denmark and the US, and develops a framework for anticipating the conditions under which states may be more or less tempted into vicarious identification with others"--

Vicarious Trauma and Disaster Mental Health

leads to vicarious trauma and compassion fatigue. However, when competence is bolstered by successfully navigating through the mire and muck of trauma, and the victim demonstrates a return to adaptive functioning, the listener/helper ...

Author: Gertie Quitangon

Publisher: Routledge

ISBN: 9781317644903

Category: Psychology

Page: 208

View: 506


Vicarious Trauma and Disaster Mental Health focuses on the clinician and the impact of working with disaster survivors. Floods, hurricanes, tornadoes, mass shootings, terrorism and other large-scale catastrophic events have increased in the last decade and disaster resilience has become a national imperative. This book explores vicarious traumatization in mental health providers who respond to massive disasters by choice or by circumstance. What happens when clinicians share the trauma and vulnerability from the toll taken by a disaster with the victims they care for? How can clinicians increase resilience from disaster exposure and provide mental health services effectively? Vicarious Trauma and Disaster Mental Health offers insight and analysis of the research and theory behind vicarious trauma and compares and contrasts with other work-impact concepts such as burnout, compassion fatigue and secondary traumatic stress. It proposes practical evidence-informed personal strategies and organizational approaches that address five cognitive schemas (safety, esteem, trust, control and intimacy) disrupted in vicarious trauma. With an emphasis on the psychological health and safety of mental health providers in the post-disaster workplace, this book represents a shift in perspective and provides a framework for the promotion of worker resilience in the standard of practice in disaster management.

Vicarious Warfare

Yet they do represent a simplified representation of the broad models that actors have employed in various combinations and that are all indicative at some level of increasingly vicarious measures that allow leaders (or nations as a ...

Author: Thomas Waldman


ISBN: 9781529206999

Category: Political Science

Page: 320

View: 579


This compelling account charts the historical emergence of vicarious warfare and its contemporary prominence. It contrasts its tactical advantages with its hidden costs and potential to cause significant strategic harm.

Vicarious Kingship

It appears , however , that , within the Christian tradition , Syriac poets and homilists between the fourth and sixth centuries - the period covered in this study - are the first to introduce the concept of " vicarious kingship ” into ...

Author: Manolis Papoutsakis

Publisher: Mohr Siebeck

ISBN: 316153929X

Category: Religion

Page: 244

View: 120


In Late Antiquity, the biblical text served as the fundamental source of reference for Syriac intellectuals in their thinking about political power. Manolis Papoutsakis takes this point seriously and explains in detail the different exegetical steps by which certain attitudes to imperial power were reached.

The Vicarious Sacrifice

IN what is called his vicarious sacrifice , Christ , as we have seen , simply fulfills what belongs universally to love ; doing neither more nor less than what the common standard of holiness and right requires .

Author: Horace Bushnell


ISBN: HARVARD:32044077887305

Category: Atonement

Page: 572

View: 868


The Vicarious Element in Nature and Its Relation to Christ

dent conviction that these instances of vicarious action are perfectly natural At times , too , this is by writers very far from sympathy with the vicarious element in redemption . As , for example , two noted authors of our day .

Author: Thatcher Thayer


ISBN: UOM:39015021306595

Category: Atonement

Page: 87

View: 597


The Vicarious Humanity of Christ and the Reality of Salvation

THE VICARIOUS HUMANITY OF CHRIST AND THE REALITY OF SALVATION V TABLE OF CONTENTS ACKNOWLEDGMENTS ...... PREFACE : Rashkolnikov's Question and the Reality of Salvation ..... 1 PART ONE : The Problem of the Reality of Salvation in ...

Author: Christian D. Kettler

Publisher: Wipf and Stock Publishers

ISBN: 9781725229587

Category: Religion

Page: 338

View: 242


In this book, the problem of the reality of salvation is addressed by T.F. Torrance's doctrine of "the vicarious humanity of Christ." Through this approach, salvation as humanization is affirmed, yet without the problems of anthropocentric theologies. This book is unique in that it offers both a survey of contemporary Christian thinking on salvation as well as a constructive alternative based on Torrance's doctrine, a significant yet neglected contribution to modern theology.