Vicarious Liability In Tort

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. Review: 'The book deploys legal materials, code provisions, legislation, cases and academic commentary in a smooth and accessible manner. The pairing of originals and translations in the main body of the text is particularly helpful. The work proceeds with a clear structure. ... All in all, the work does not try to be an exhaustive reference text but gives a clear exposition of the law and its problems. It even makes foreign law seem familiar and manageable to the reader. It is therefore an excellent book for students and established lawyers coming back to vicarious liability, including lawyers from outside England and Wales.' International and Comparative Law Quarterly '... offers a detailed comparative examination of the doctrine of vicarious liability ... of interest to academic law libraries and could be of interest in any setting where a comparative approach to this area of law or quick access to key foreign jurisprudence and legislation on this doctrine would be useful.' John Bolan, Canadian Law Library Review