Reconceptualising Strict Liability for the Tort of Another: (Hart Studies in Private Law)

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of ‘vicarious liability’ and ‘liability for breach of a non-delegable duty of care’ and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Table of Contents:
1. Introduction I. What is ‘Strict Liability for the Tort of Another’? II. Existing Terminology III. Existing Explanation(s) IV. A New Expositive Framework V. Limits of the Book VI. Methodology VII. Conclusion PART I CURRENT APPROACH 2. Relationships which Give Rise to Strict Liability for the Tort of Another I. Employment Relationship II. Relationship between Adjoining Land Owners in Relation to Work Threatening Support or Common Walls III. Relationship between Hospital and Patient IV. School Relationship V. Relationship between Occupier and Invitee (Arguably) VI. Agency Relationship VII. Conclusion PART II RECONCEPTUALISING THE LAW 3. The Common Feature of Authority I. The Relationships II. The Distinguishing Feature of the Cases III. Why is Authority Significant? IV. A New Expositive Framework for Strict Liability for the Tort of Another 4. Conferred Authority Strict Liability I. Basis of the Strict Liability II. Nature of the Strict Liability III. In What Circumstances Does the Strict Liability Arise? IV. Scope of the Strict Liability V. To Whom is the Strict Liability Owed? VI. Other Relationships VII. Conclusion 5. Employee Strict Liability I. Basis of the Strict Liability II. Nature of the Strict Liability III. In What Circumstances Does the Strict Liability Arise? IV. Scope of the Strict Liability V. Who is an Employee? VI. The ‘Both Ways’ Test VII. Master’s Tort or Servant’s Tort VIII. Conclusion 6. Agent Strict Liability I. Who is an Agent? II. Basis of the Strict Liability III. Nature of the Strict Liability IV. In What Circumstances Does the Strict Liability Arise? V. Scope of the Strict Liability VI. Composite Torts VII. Solicitor’s Employee VIII. Contract or Tort? IX. Conclusion PART III CRITIQUE 7. The Boundaries between the Different Forms of Strict Liability for the Tort of Another I. Why Should the New Expositive Framework be Adopted? II. Making the Boundaries Clear III. Conclusion 8. Miscellaneous Categories of Strict Liability for the Tort of Another I. Partner Strict Liability II. Strict Liability for a Tort Committed by a Person upon whom Authority has been Conferred to Deal with a Bailor’s Goods III. Strict Liability for a Tort Committed by a Person Driving a Car for the Owner’s Purposes? IV. Conclusion 9. Conclusion I. The Importance of the Book II. Authority III. Normative Underpinnings IV. Personal Liability v Strict Liability V. Where to from here?

About the Author :
Christine Beuermann is Lecturer in Law at the University of Newcastle.

Review :
In this superb book, Christine Beuermann reconceptualises the topic of strict liability in tort law in a way that is original and cohesive … this book is the most significant commentary on strict liability in tort law in decades; indeed, its masterful analysis and clarity of concepts makes it a significant work of private law theory, full stop. It deserves to be noticed; it deserves to be applied and adopted by the courts. It certainly ought to be read by all lawyers with an interest in tort law and who have struggled to come to grips with the law of vicarious liability and non-delegable duty. [T]his is an excellent example of doctrinal scholarship at its most assertive and intellectually stimulating … It is to be hoped that Beuermann’s provocative text will provide food for thought. Professor Beuermann’s book supplies a badly needed, original, and illuminating framework for thinking about these forms of liability. The book both offers an answer to longstanding theoretical puzzles, and guidance in deciding cases that presently vex the courts. It repays a reader’s careful study by reorienting the reader’s thinking. The book advances Dr Beuermann’s own novel theory of vicarious liability … her approach promises an elegant, even brilliant theory of this apparently unrationalisable doctrine. The book is an excellent example of doctrinal research and provides a thoughtful and convincing contribution to the field.