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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.
Often the modern civil law of conspiracy is described in "plain language" jury instructions. The standard California jury instruction for conspiracy is governed by Rule 2.1050 of the California Rules of Court, The new California jury instructions are designated as the “official instructions for use in the state of California.” It is not ...
Duty of care – Liability arises when a tortfeasor fails to observe a duty of care toward the claimant. With regard to liability for landowners, the duty to visitors in tort law is dependent on how the claimant entered the land: Trespasser – A person who is trespassing on a property without the permission on the owner. Conversely, the status ...
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).
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 ...
Although the line between these categories of liability is blurry, a precondition for all forms of secondary liability is the underlying act (or acts) of infringement. However, unlike contributory infringement, knowledge is not an element of vicarious liability. 907 F. Supp. 1361, **36, citing 3 NIMMER ON COPYRIGHT § 12.04{A}{1}, at 12-70 (1995)
The California Codes are 29 legal codes enacted by the California State Legislature, which, alongside uncodified acts, form the general statutory law of California.The official codes are maintained by the California Office of Legislative Counsel for the legislature.
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...