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Insurance and the Law of Obligations$
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Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

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Vicarious Liability

Vicarious Liability

Chapter:
(p.301) 10 Vicarious Liability
Source:
Insurance and the Law of Obligations
Author(s):

Rob Merkin

Jenny Steele

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199645749.003.0010

Shows how vicarious liability illustrates the themes of earlier chapters. Explains the significance of vicarious liability as secondary liability; and shows how the difference between personal and vicarious wrongdoing is reflected in the insurance position. Explores the role of loss-spreading and insurance in relation to vicarious liability; and considers the relationship between vicarious liability, and contractual structure including the structure of party risk allocations.

Keywords:   Primary liability, Secondary liability, Personal responsibility, Risk allocation, Loss spreading, Contractual structure

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