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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In the United States, the legally sufficient relationship requirement can be met either by establishing the presence of an actual, sufficient relationship (i.e., an actual agency relationship) or by satisfying one of the exceptions to the relationship requirement (e.g., the apparent agency exception, which is the most important exception in determining franchisor vicarious liability).
The court's approach of expanding the vicarious liability standard of direct infringement, while maintaining the single-entity rule, effectively addresses divided infringement that leverages arms-length relationships with customers who unwittingly contribute to the infringement.
The Barbetta decision led many plaintiffs to pursue their claims under alternative vicarious liability theories, particularly apparent agency, but they had limited success.
First, courts should explicitly acknowledge that they are no longer applying vicarious liability principles to section 10(b) open-market frauds.
ESA Vicarious Liability in Pure ESA, Hybrid ESA, and Non-ESA
Part II outlines the development of the vicarious liability doctrine and its controversial status in the courts and the halls of academia.
Employers may face vicarious liability for negligent acts by employees who are performing work assigned by the employer
It is important to note that the vicarious liability cover does not confer any other rights of AOP membership on the business, nor does it confer personal medical professional liability cover on individuals working in the business.
The material on vicarious liability has been placed at the end of the chapter on strict liability, which also adds materials on trespass to chattels and conversion (previously in the first chapter).