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· 7/28/1972

Strait v. Hale Construction Co.

Citations

  • 26 Cal. App. 3d 941
  • 103 Cal. Rptr. 487
  • 1972 Cal. App. LEXIS 998

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting \control\ test in favor of enterprise liability analysis. See generally, Klemme, The Enterprise Liability Theory of Torts, 47 U.Colo.L.Rev. 153 (1976
  • affirming farmer’s vicarious liability for highway collision caused by on-loan employee-operator of farmer’s loaned machine, though farmer was avowedly “not in the business of renting heavy equipment and furnishing an operator”
  • in excellent discussion, court relied on workmen's compensation case, similar to Humphreys, cited above, to hold borrowing and lending employers liable for the tort of the borrowed servant
  • “The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.”
  • rejecting “control” test in favor of enterprise liability analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Kerrigan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.