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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).
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.
In some jurisdictions, criminal "facilitation" laws do not require that the primary crime be actually committed as a prerequisite for criminal liability. These include state statutes making it a crime to "provide" a person with "means or opportunity" to commit a crime, "believing it probable that he/she is rendering aid to a person who intends ...
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. [4]
Doctrines of attribution are legal doctrines by which liability is extended to a defendant who did not actually commit the criminal act. [1]: 347 [2]: 665 Examples include vicarious liability (when acts of another are imputed or "attributed" to a defendant), attempt to commit a crime (even though it was never completed), and conspiracy to commit a crime (when it is not completed or which is ...
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 ...
After all, the sexual abuse was inextricably interwoven with the carrying out by the warden of his duties in Axeholme House. Matters of degree arise. But the present cases clearly fall on the side of vicarious liability. [10] This decision is significant in the Lords' assessment of the Salmond test for vicarious liability as inadequate. The ...