Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Laura Griffin ◽  
Gemma Briffa
Keyword(s):  
Child Abuse ◽  
Common Law ◽  
Strict Liability ◽  
Civil Liability ◽  
Royal Commission ◽  
Duty Of Care ◽  
High Court ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Institutional Responses

In 2017 Victoria became the first Australian jurisdiction to initiate substantive reforms to its civil liability laws, to address barriers faced by plaintiffs seeking to hold institutions liable for child abuse. The new law, based on recommendations arising from a Victorian inquiry, establishes a statutory duty of care owed by organisations to take reasonable precautions against abuse of children under their care or supervision. On its face, the Wrongs Amendment (Organisational Child Abuse) Act 2017 (Vic) looks like a helpful clarification of this complex area of law. However, when viewed within the context of the work of the Royal Commission on Institutional Responses to Child Sexual Abuse, as well as common law principles – particularly strict liability in the areas of non- delegable duty and vicarious liability, and the High Court decision of Prince Alfred College Inc v ADC – we see that barriers and uncertainties remain.

Tort Law

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Vicarious Liability ◽  
Invasion Of Privacy ◽  
Statutory Duty

Tort Law encourages the reader to understand, engage with, and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at duty of care, omissions, acts of third parties, psychiatric harm, economic loss, breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.

Kidner's Casebook on Torts

2019 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject ◽  
Breach Of Duty

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

16. Breach of Statutory Duty

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Social Welfare ◽  
Common Law ◽  
Civil Liberties ◽  
Civil Liability ◽  
Case Law ◽  
Public Law ◽  
Industrial Safety ◽  
Workplace Injuries ◽  
Statutory Duty ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.

scholarly journals The vicarious liability of parent company liability for its subsidiary

2016 ◽  
Vol 14 (1) ◽  
pp. 684-691 ◽  
Author(s):  
Tetiana Kravtsova ◽  
Ganna Kalinichenko
Keyword(s):  
Empirical Investigation ◽  
Strict Liability ◽  
Parent Company ◽  
Duty Of Care ◽  
Complete Understanding ◽  
Vicarious Liability

The paper is of a theoretical nature and provides with more complete understanding of the vicarious liability, different concepts of the vicarious liability and peculiarities of the vicarious liability of parent company for its subsidiary. The paper does not provide an empirical investigation. First of all, the main finding of the paper is that the vicarious liability is complex and is by nature of combination of fault and strict liability and involves three actors and two-level relationship. Secondly, a parent company may be held liable in parallel with its subsidiary on the basis on its own negligent conduct and on the basis of the vicarious liability. Thirdly, it is important to distinguish between the direct liability of the parent company as a result of breach of a duty of care and vicarious liability as a result of piercing of the corporate veil.

Casebook on Tort Law

2021 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

25. Liability of corporations

2020 ◽  
pp. 770-800
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Corporate Manslaughter ◽  
Corporate Liability ◽  
Personal Liability

This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.

scholarly journals Time to Abolish the Rule in Searle v Wallbank for Negligence and Nuisance Claims

2008 ◽  
Vol 13 (2) ◽  
pp. 101
Author(s):  
Anthony Gray
Keyword(s):  
General Principle ◽  
Common Law ◽  
Law Reform ◽  
Duty Of Care ◽  
General Application ◽  
High Court ◽  
Legal Principles ◽  
The Common ◽  
Massive Development

<p>In this article, the author suggests that the old common law rule denying that an owner of property owes a duty of care in respect of escaping animals should be abolished. After discussing the original English case in which this finding was made and the reasons for its creation, the author questions whether the principle remains coherent with other legal principles in tort, including the massive development of the common law of tort in recent years. He concludes that the rule is an anachronism and should be abandoned. If the reasoning for the decision were ever applicable to Australian conditions, it is not applicable any longer. The rule reflects an<br />exception to a general principle of now universal acceptance, without justification. The Australian High Court should take the opportunity to abandon the rule, in favour of the general application of tort principles to resolve such disputes. The courts are an appropriate law reform body in this context.</p>

26. Liability of corporations

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Corporate Manslaughter ◽  
Corporate Liability ◽  
Personal Liability

This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.

9. Employers’ liability and vicarious liability

2021 ◽  
pp. 100-118
Author(s):  
Carol Brennan
Keyword(s):  
Child Abuse ◽  
Common Law ◽  
Psychological Safety ◽  
Employment Relationship ◽  
Third Party ◽  
Vicarious Liability ◽  
Statutory Requirement ◽  
Compulsory Insurance

This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.

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