Understanding Enterprise Liability

Understanding Enterprise Liability PDF

Author: Virginia Nolan

Publisher: Temple University Press

Published: 2011-02-02

Total Pages: 266

ISBN-13: 1439907641

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In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.

Enterprise Liability and the Common Law

Enterprise Liability and the Common Law PDF

Author: Douglas Brodie

Publisher: Cambridge University Press

Published: 2010-10-28

Total Pages:

ISBN-13: 1139492985

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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.

Negligence Without Fault

Negligence Without Fault PDF

Author: Albert A. Ehrenzweig

Publisher: Univ of California Press

Published: 2023-11-10

Total Pages: 104

ISBN-13: 0520350154

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Healthcare Enterprise Liability

Healthcare Enterprise Liability PDF

Author: Alan D. Lieberson

Publisher:

Published: 1997

Total Pages:

ISBN-13: 9781558345485

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Medical malpractice attorneys, take note: this landmark work by an experienced attorney physician shows you in detail how to direct medical malpractice litigation against the parties who are actually responsible for patient injury. Clearly-written & easy to use, Healthcare Enterprise Liability provides the background information & instructional materials you need to win these difficult malpractice cases. The book examines enterprise liability as it relates to hospitals, nursing homes, the insurance industry, & managed care, & provides an in-depth analysis of ERISA preemption.

Limited Liability

Limited Liability PDF

Author: Stephen M. Bainbridge

Publisher: Edward Elgar Publishing

Published: 2016-09-30

Total Pages: 336

ISBN-13: 1783473037

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The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.

Research Handbook on Corporate Liability

Research Handbook on Corporate Liability PDF

Author: Martin Petrin

Publisher: Edward Elgar Publishing

Published: 2023-08-14

Total Pages: 501

ISBN-13: 1800371284

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This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

Multinational Enterprises and Tort Liabilities

Multinational Enterprises and Tort Liabilities PDF

Author: Muzaffer Eroglu

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 345

ISBN-13: 1848444982

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This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.

Understanding Tort Law

Understanding Tort Law PDF

Author: Carol Harlow

Publisher: Sweet & Maxwell

Published: 2005

Total Pages: 212

ISBN-13: 9780421878402

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This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.

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