vicarious liability

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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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Because the elements of the legal tests are well-known, a company seeking to avoid joint employer liability should insist on a contract that explicitly assigns the relevant aspects of control to the intended employer and disclaims responsibility to the intended non-employer.
In addition, the clear, written policy should state that employees who complain will be protected from retaliation, that confidentiality will be protected to the greatest extent possible, and that the camp will take immediate action when it determines that harassment has occurred (Enforcement Guidance on Vicarious Employer Liability 2003).
Paying benefits promptly after an accident may hold off an employer liability suit.
But HMO and employer liability were two provisions that troubled Senate Republicans.
15) In the sexual harassment context, the few courts to address this issue have struggled to discern the appropriate standard of employer liability for the retaliatory acts of supervisory personnel.
The Supreme Court agreed to hear the case in order to define the appropriate legal standard to apply in assessing employer liability in a sexual harassment case.
Employer liability is determined through a simple analysis of charge invoices and employee interviews.
Several rules for assigning employer liability are used for occupational disease: apportionment of liability among responsible employers, limited apportionment of liability, the last injurious exposure liability, and the last exposure liability.
Employers should take comfort in knowing that there is no employer liability involved with return information so long as the employer or anyone within the organization is not involved with the preparation of the return itself.
According to his reasoning, an employer's lack of knowledge of sexual harassment by a supervisor "does not necessarily insulate that employer from liability,' but he did not issue a precise rule on employer liability.
Other litigation reports and newsletters recently launched by Mealey include Employer Liability Insurance Report and Employee Compensation.

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