Date: Mon, 1 May 2006 12:55:47

From: Jason Neyers

Subject: Liability for acts of others

Dear Ben:

There is forthcoming book from Hart that might be interesting for you:

Third Party Liability in Tort

Claire McIvor

Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel category of tortious liability that has evolved from a collection of disparate and isolated judicial decisions setting out, on an entirely ad hoc basis, individualised exceptions to the entrenched common law rules against liability for omissions and liability for the acts of others. As a result of the improvised nature of its development, the current law on third party liability is unstructured, unprincipled and incoherent. The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the future.

----- Original Message -----
From: Benjamin Zipursky
Date: Friday, April 28, 2006 4:38 pm
Subject: ODG: Re: ODG

Many American jurisdictions impose liability upon psychiatrists when a dangerous patient foreseeably injures a third party, and impose liability upon landlords or parking lot owners when their creation or fostering of dangerous conditions leads to a criminal assaulting a plaintiff. Could anyone point me to comparative work that indicates whether these sorts of actions exist in other countries? Similarly, for dram shop or social host liability.

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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