Reconceptualising Strict Liability for the Tort of Another by Christine Beuermann. Oxford: Hart Publishing, 2019, 240 pp (£60 hardback). ISBN: 978-1-50-991753-2. In Reconceptualising Strict Liability for the Tort of Another, Christine Beuermann tackles two controversial doctrines. The first, vicarious liability, ‘arises where one person is held to be liable for torts committed by a second person, even though without fault himself or herself’. The doctrine typically responds primarily to the employment relationship, particularly when the tort is committed in the course of employment. The second, non-delegable duties, arise because a person owes a duty of care that they are unable to delegate to another. As vicarious liability refers to secondary liability, and non-delegable duties refer to primary liability, the two are generally viewed as separate doctrines. Despite this, non-delegable duties are thought to ‘plug the gaps’ found in vicarious liability, as they are capable of responding to relationships concerning independent contractors. This has caused confusion for the courts and academics alike, both having difficulty in justifying the imposition of one doctrine over the other … (more)
Jessica Gracie, Legal Studies, https://doi.org/10.1017/lst.2021.6. Published online by Cambridge University Press: 31 March 2021.