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Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster
Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster
Neil J Foster
The paper discusses the options for holding institutions civilly liable for child sexual abuse. In particular it suggests that the law of non-delegable duty ought to be extended to intentional torts like battery.
The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps
The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps
Neil J Foster
The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by providing a civil remedy for those whose injuries were sustained as a consequence of a statutory breach. One of the areas where the tort has clear relevance is the area of work health and safety, with the courts almost invariably holding that the breach of a statute primarily designed to protect workers from injury will provide them with a civil remedy as well as having criminal law consequences. The tort continues to be recognised in this area at the highest judicial level …