Douglas Brodie, ENTERPRISE LIABILITY AND THE COMMON LAW Cambridge: Cambridge University Press (www.cambridge.org), 2010. xi + 190 pp. ISBN 978052176201. £55.
| Author | Wanjiru Njoya |
| DOI | 10.3366/elr.2012.0095 |
| Published date | 01 January 2012 |
| Date | 01 January 2012 |
| Pages | 137-138 |
This book analyses the nature of the risk generated by the enterprise and the legal regulation of this risk. Apart from the law of tort, the book raises interesting and important questions in labour law, corporate law and the law of contract, relating to the way work is organized, the relationship between employee and employer, the relationships between workers, and the policy considerations which should influence the law in compensating third parties for damage caused by the negligence or wilful misconduct of employees, or compensating employees for harm caused to them in the workplace. The book offers a rich comparative analysis of case law from the UK, Canada, Australia and the United States, revealing the similarities and differences between these common law jurisdictions and showing the direction that law reform is taking.
With an admirable depth of research, the discussion proceeds systematically through a series of questions the determination of which depends on, or can be explained by reference to, theories of enterprise liability. Regarding the employer's vicarious responsibility for the torts of employees, Brodie argues that the outcome should depend on “the risks generated by the enterprise rather than the individual”. The claimant, for instance a victim of sexual...
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