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Record W2891394973

The enterprise risk theory of vicarious liability

2018· article· en· W2891394973 on OpenAlexaboutno aff
Anthony Gray

Bibliographic record

VenueUniversity of Southern Queensland ePrints (University of Southern Queensland) · 2018
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsVicarious liabilityTortLiabilityDeterrence theoryActuarial scienceStrict liabilityDeterrence (psychology)Law and economicsBusinessLawEconomicsPolitical science
DOInot available

Abstract

fetched live from OpenAlex

The theory of enterprise risk is increasingly being utilised to justify the imposition of vicarious liability upon an employer. Under this theory costs associated with ordinary risks of business are allocated to an employer, regardless of fault. It has been adopted and applied by courts in the United Kingdom, Canada and the United States. The article argues the Australian High Court has been correct to refuse to adopt such an approach. It is contrary to fault-based liability upon which much tort law depends, and is not justified by a deterrence rationale.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.009
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.007
Threshold uncertainty score0.033

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.009
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0020.022
Scholarly communication0.0070.008
Open science0.0020.005
Research integrity0.0060.007
Insufficient payload (model declined to judge)0.0060.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.009
GPT teacher head0.162
Teacher spread0.153 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2018
Admission routes1
Has abstractyes

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