respondeat superior


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respondeat superior

One of the many methods of finding someone vicariously liable for the wrongful actions of another.It is the legal theory that an employer is responsible for the negligent or wrongful acts of its employees performed within the line and scope of their employment,and a principal is responsible for the negligent or wrongful acts of its agent performed within the line and scope of its agency.It is not a theory of contract law—meaning who has authority to bind whom— but rather a theory of tort law and injuries to persons or property.It is extremely rare to find a case in which a property owner has been held liable for the wrongful conduct of its broker.More often, brokers have been accountable for actions of their salespersons.
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Central Bank encouraged courts to interpret the statute by reference to how Congress would have decided the question when the Act was passed, (203) and respondeat superior liability was a "well-understood workhorse[] of business law" in 1934.
Specifically, hospitals and supervising physicians may be subject to liability under respondeat superior.
At the same time as it denied respondeat superior liability, Monell ruled that a municipality could be liable under Section 1983 if "a municipal 'policy' or 'custom' .
The Court of Appeals has already held that the doctrine of respondeat superior applies against the State in a constitutional tort cause of action.
This is inconsistent with the doctrine of respondeat superior that underlies vicarious corporate criminal liability.
43) All of these guidelines required more than mere respondeat superior liability.
The court cited an Ohio Supreme Court case standing for the proposition that suit against a hospital based on respondeat superior for the nurse-employee's alleged negligence was an "action in Negligence," not a "medical malpractice claim," and thus could proceed even though the nurse was not named as a defendant.
This form of liability is also problematic because of the reach of the FCPA's respondeat superior policy, which extends to subsidiary entities and the past acts of acquired companies, i.
Pitts appealed a district court order granting defendants' motion for summary judgment on claims of negligence, negligent misrepresentation and respondeat superior.
As in civil lawsuits, corporate criminal liability at the federal level and in many states is imposed using a strict respondeat superior standard: corporations are criminally liable for the wrongdoing of their agents committed within the scope of their authority for the benefit of the corporation.
Three main legal theories come into play here: negligent hiring, negligent retention, and respondeat superior.