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Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
Respondeat superior (Latin: "let the master answer"; plural: respondeant superiores) is a doctrine that a party is responsible for (and has vicarious liability for) acts of his agents. [ 1 ] : 794 For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their ...
It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability." [ 3 ] According to this maxim, if in the nature of things, the master is obliged to perform the duties by employing servants, he is responsible for their act in the same way that he is responsible for his own acts.
One of the theories widely accepted as a basis for liability in copyright infringement cases is vicarious liability. [7] The concept of vicarious liability was developed in the Second Circuit as an extension of the common law doctrine of agency – respondeat superior (the responsibility of the superior for the acts of their subordinate ...
While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called respondeat superior.
Vicarious liability – A form of strict secondary liability arising from respondeat superior. The responsibility of the superior for the acts of their subordinates, under which, they are responsible for negligent acts committed by their employees during the course of their employment. [2]
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).
Frolic and detour in the law of torts occur when an employee (or agent) makes a physical departure from the service of his employer (or principal).A detour occurs when an employee or agent makes a minor departure from his employer's charge whereas a frolic is a major departure when the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying ...