Thursday, January 2, 2020

Gray on "A Critique of the Enterprise Risk Theory of Vicarious Liability"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 62(2) of the Canadian Business Law Journal.  Here is the abstract for A Critique of the Enterprise Risk Theory of Vicarious Liability:

"The enterprise risk theory has gained prominence as an attempted justification and rationalisation for the imposition of vicarious liability upon employers. This paper makes several criticisms of the enterprise risk theory, including that it does not accurately describe how judges traditionally decide tort law cases, it does not adequately explain all features of vicarious liability law, and it does not justify the imposition of vicarious liability upon organisations."

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