vicarious liability


Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia, Wikipedia.
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.

Mentioned in ?
References in periodicals archive ?
25) The traditional approach for determining whether an economic relationship will be legally sufficient to support this application of vicarious liability is the control test, (26) which derives from the language of the Restatement (Second) of Agency: a servant is one "who with respect to the physical conduct in the performance of the services is subject to the other's control or right to control.
Litigation may also involve the scope of the vicarious liability standard, including the boundaries of the expanded "direction or control" test.
The Barbetta decision led many plaintiffs to pursue their claims under alternative vicarious liability theories, particularly apparent agency, but they had limited success.
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
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
As of this time I am unaware of any contract provisions or procedures for carrier selection that would provide absolute protection, or "a safe harbor," for shippers to avoid exposure to vicarious liability for accidents on the highway.
Included will be a discussion of liability, three types of vicarious liability, and the application of liability to the relationship between the nurse and his or her employer or supervisor.