J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.
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A Theory of Vicarious Liability
J.W Neyer - A Theory of Vicarious Liabiltiy examines and rejects the current theories aimed at explaining and justifying vicarious liability in tort law. Loss-sharing, enterprise theory, etc. Instead, it argues for an indemnity theory of vicarious liability, combining an indemnity clause implied in the employer-employee relationship and a subrogation claim where the victim is subrogated into the position of the tortfeasor.