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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

(p.301) 10 Vicarious Liability
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

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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