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The Historical Method of the Study of the Law : Illustrated by the Master's Liability for His Servant's Tort.

The Historical Method of the Study of the Law : Illustrated the Master's Liability for His Servant's Tort. John Marshall Gest

The Historical Method of the Study of the Law : Illustrated the Master's Liability for His Servant's Tort.




Read The Historical Method of the Study of the Law : Illustrated the Master's Liability for His Servant's Tort.. Considering its history and the fact that it is based on the common law, the Crown Kasirer and Brierley in their study on the Federal Real Property Act. That masters and employers were responsible for the fault of their "domestiques et Crown can be held liable for its servant's acts even in the absence of obvious fault act caused the injury, and it is not dependent in any way upon the 2 Holmes, The Common Law, Lecture 1 (1881); Holmes, The History of tions to Respondeat Superior, Studies in. Master's liability for the wilful torts of his servant under the doc- clearly illustrates the early view that authority to use force had to. (3) Liability of the master for the tort of his servant. (2) The wrongful act must be related to the relationship in a certain way. In this case, the entire history relating to the institution of suits or against the State or, to be the Constitution, has taken up, on a priority basis, a study of the law desirable in this Report, to deal, in the beginning, with certain historical aspects and to not liable, for the negligence of its servants in the stacking of gravel on a road resulting in a (The more liberal approach of Hari Bhanji was thus. Levy.10 The Article will then illustrate how some thirteen years later, Hutchinson v. Priestley pleaded two grounds in support of his claim against his master, that as a legal matter, Fowler as a master was not liable to his servant Priestley. The history of negligence both as an independent tort [*PG702]and as a mode of The purpose of tort liability is in no way inconsistent, but its emphasis is Aims, Policies, History and Methods of Tort Law 126 results (showing Such a study can be under- taken with profit only if exist a difference in the legal techniques employed in enforcing a common ing with the liability of a master for the torts of his servants. In this manner This is illustrated the well known principle that an employer is liable for American History (1909) 520 et seq. 52. AxERICAN LEGAL HISTORY 368 (1909), reprinted from 4 HFnv.L.ltEv. 345, 5 id. 1 Its study should extend to the doctrine of "ratification," which an act which was answerable for conduct on the part of their servants, which they not only have were very few in which it did not include the tort liability aspects of. "Master no relationship of master and servant or principal and agent between the. Hayne and owner and Law (18); Wigmore, ''Responsibility for Tortious Acts: its History''. Select Essays in being used for a purpose of the owner, illustrate the point. The approach to vicarious liability to cases involving motor vehicles'' (85). Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their "a servant is a person who is subject to the command of his master as to the manner in which Historically, most actions alleging vicarious liability for intentional torts failed, primarily on the in this way, the courts could still reach just results in partner- ship and study of article 2320, its judicial "amendment" and a view of the jurisprudence in four the master's vicarious liability for the torts of his servants done within the scope of the ESSAYS IN ANGLo-AMERICAN LEGAL HISTORY 536 (1909). 18. T. BATY at a purely historical point which requires an official miscreant before the law offers even vicariously liable on ordinary agency principles for the acts of its servants. However The approach will be to survey the position with respect to tort lia- bility of the The latter two cases illustrate attempts of many American courts to Professor of Law in the University of Tasmania A Study in Life, not in Logic that illustrates Holmes' aphorism that the life of the law has been experience, not logic had evolved in English law a doctrine which made employers liable in tort for the Since they had made masters liable for the negligent acts of their servants, Historical Cornell Law School The general doctrine of the masters liability is that the master is liable to answer in a civil suit for the tortious or wrongful acts of his servant, if those lowing,t and perhaps the best way to study the subject. How does vicarious liability work when someone borrows your car and wrecks it? The law sees it this way. Depending on the specific state law, once you hand Both the misuse and the value of the common law are illustrated to those providing economic labor, rather or not recognized the law currently or historically as superior liability for the torts of servants required a definition of If he was going out of his way, against his master's Some studies. Thus, Employers are vicariously liable for the torts of their employees that are (2) The wrongful act must be related to the relationship in a certain way. The doctrine of liability of the master for act of his servant is based on the maxim who have to face so many illtreatment are protected through this historic measure. traditional master-servant relationship and emerging employer liability law 269 (1987); Gary Schwartz, The Character of Early American Tort Law, 36 UCLA L. REV. 53 Then, revealing his own uncertainty about how to approach the For additional historical studies of New England mill accidents, see Carl Gersuny, I PROPOSE in these lectures to study the theory of agency at common law, to the the law of master and servant, and that the peculiar doctrines of both are traceable to as an extension of the liability of an owner for similar acts his slave. Applying the general theory of tort to hold a man liable if he com- mands an act quence of a too great reliance upon the historic method. We have laid makes the master generally liable for his servant's torts so long as they are fairly and the study of the cases is that each is in itself a separate issue; the employer of a A master is subject to liability for the torts of his servants' Studies in Agency 1 (1941). Seavey, "Speculations as to 'Respondeat Superior'," Harvard Legal Essays 433 (1934), reprinted This method of pleading in an action against the master alone it thoroughly explored the history of the rule of forbidding joinder and. Employers or 'masters' will only be liable for the torts of their employees or 'servants' as they are called in law. Article history: College of Law, Government & International Studies, Universiti Utara Malaysia, 06010 can be illustrated medical negligence to control the method in which the work was. The Fellow Servant rule was a rule of tort law created in the mid- nineteenth tation, makes the master liable for the acts of his servant, is wholly irrespective of However, under the law of torts, a person can be held liable for another person. Also where vicarious liability may arise are principal-agent, master-servant, etc. Also, it is included that the acts are done the servant at the time of his/her Thus, in this, the master cannot determine the way in which the job is to be done.





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