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    A Theory of Vicarious Liability

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    J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.

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    A Theory of Vicarious Liability

    Uploaded by

    lpakgpwj
    660 views41 pages
    J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.

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    J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    660 views41 pages

    A Theory of Vicarious Liability

    Uploaded by

    lpakgpwj
    J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    The text discusses a theory of vicarious liability proposed by the author J.W. Neyers that aims to explain the central features and limitations of the doctrine. The main premise is that vicarious liability can co-exist with the current tort law regime of fault-based liability.

    The text outlines the central features of vicarious liability and examines why leading rationales like control, compensation, deterrence, loss-spreading, and enterprise liability fail to fully explain or account for its doctrinal rules.

    The author proposes an indemnity theory, suggesting that vicarious liability arises from an implied contract term that indemnifies employees for harms suffered in the course of employment. It follows from the contractual concepts of subrogation and indemnity in the relationship between employee, employer, and tort victim.

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