vicarious liability


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Related to vicarious liability: Volenti non fit injuria

Contingent Liability

A liability that a company may have to pay, but only if a certain future event occurs. Usually, a contingent liability refers to the outcome of a lawsuit: that is, the company may have to pay a significant amount of money if it loses the lawsuit. Contingent liabilities are recorded under accounts payable; their existence may also affect the share price.

vicarious liability

see TORT.

vicarious liability

The legal principle that persons who are in a position to control the actions of another will be held liable for any injuries caused by that other person.Liability does not rely on proving there was improper training, instructions, control, or supervision. Rather, it is imposed merely because of the relationship between the parties.Respondeat superior is one type of vicarious liability. In real estate, the concept is most often encountered in claims against an employer (construction contractor, property manager, and sometimes even real estate brokers) for the discriminatory actions of an employee.

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Aware that the justifications for vicarious liability no longer fit the modern section 10(b) cause of action, courts have used the disaggregation of actus reus from mens rea commonly exhibited in fraud-on-the-market cases as a lever to decouple corporate liability from misconduct that originates from lower level employees.
of ESA vicarious liability and offered detailed explanations of its
of law firms and the consequences of eliminating vicarious liability for
Vicarious liability is one of the major benefits of being an employee.
Although trainees clearly have an educational purpose in their work, courts have frequently ruled that they are hospital employees for purposes of ascertaining vicarious liability.
The central issue in this case, the appellate court stated, was whether the covenant agreement constituted a settlement agreement sufficient to release Harlem, an alleged principal of Dunigan and Top Gun, from vicarious liability.
Conspiracy-based vicarious liability in the MCA of 2009 derives from the same provision as the inchoate conspiracy charge, as the Manual makes clear in a comment on the provision: "[e]ach conspirator is liable for all offenses committed pursuant to or in furtherance of the conspiracy by any of the co-conspirators, after such conspirator has joined the conspiracy and while the conspiracy continues and such conspirator remains a party to it.
As to Methodists' liability, the court concluded that in vicarious liability claims against hospitals for failure of its employees to adhere to a standard of care, "a report that adequately implicates the actions of that party's agents or employees is sufficient.
In a victory for people injured by negligent drivers of rental cars, a federal judge in Florida has held that the Graves Amendment--which preempted state laws imposing vicarious liability on lessors for their lessees' tortious acts--is unconstitutional.
This paper focuses on those persons who suffer injuries from another's performance of contracted government services and whom may not have access to effective remedies because of narrow and de-contextualized constructions of when vicarious liability and breach of non-delegable duties arise.