Enterprise Liability and the Common Law

Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.

1. Introduction; 2. The reception of Bazley; 3. Enterprise risk; 4. The risk and the individual; 5. The enterprise; 6. The borrowed employee; 7. Independent contractors; 8. Transferring the burden: the employer's right of indemnity; 9. Risk and the employment relationship; 10. Enforcement of the employment contract; 11. Enterprise liability and non-delegable duties; 12. Fundamental obligations; 13. Concluding remarks.

One of the UK's leading labour lawyers, Douglas Brodie is Professor of Employment Law and Head of School at Edinburgh University's School of Law.