Enterprise Liability and the Common Law

Douglas Brodie examines how the common law has evolved to address concerns about corporate social responsibility.

Douglas Brodie (Author)

9781107630109, Cambridge University Press

Paperback / softback, published 2 January 2014

204 pages
22.9 x 15.2 x 1.1 cm, 0.28 kg

'The great strength of Enterprise Liability and the Common Law is its clear-eyed account of the implications of a firm commitment to enterprise liability, as opposed to fault liability. Upon reading it, one is compelled to ask oneself just how firm that commitment ought to be.' Alistair Price, The Cambridge Law Journal

Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.

1. Introduction
2. The reception of Bazley
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.

Subject Areas: Torts / Delicts [LNV], Employment & labour law [LNH], Comparative law [LAM]