Reconceptualising Strict Liability for the Tort of Another

(Paperback)

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Description

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of vicarious liability and liability for breach of a non-delegable duty of care and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Reviews

In this superb book, Christine Beuermann reconceptualises the topic of strict liability in tort law in a way that is original and cohesive this book is the most significant commentary on strict liability in tort law in decades; indeed, its masterful analysis and clarity of concepts makes it a significant work of private law theory, full stop. It deserves to be noticed; it deserves to be applied and adopted by the courts. It certainly ought to be read by all lawyers with an interest in tort law and who have struggled to come to grips with the law of vicarious liability and non-delegable duty. -- Joachim Dietrich, Bond University * Torts Law Journal *
[T]his is an excellent example of doctrinal scholarship at its most assertive and intellectually stimulating It is to be hoped that Beuermanns provocative text will provide food for thought. -- Paula Giliker, University of Bristol * Cambridge Law Journal *
Professor Beuermanns book supplies a badly needed, original, and illuminating framework for thinking about these forms of liability. The book both offers an answer to longstanding theoretical puzzles, and guidance in deciding cases that presently vex the courts. It repays a readers careful study by reorienting the readers thinking. -- Gregory Keating * Jotwell *
The book advances Dr Beuermanns own novel theory of vicarious liability her approach promises an elegant, even brilliant theory of this apparently unrationalisable doctrine. -- Jonathan Morgan * Law Quarterly Review *
The book is an excellent example of doctrinal research and provides a thoughtful and convincing contribution to the field. -- Jessica Gracie, University of York * Legal Studies *

Author Bio

Christine Beuermann is Lecturer in Law at the University of Newcastle.