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Qui facit per alium facit per se (anglicised Late Latin), [1] which means "He who acts through another does the act himself", is a fundamental legal maxim of the law of agency. [2] It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability."
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.
May LJ noted that Prof Atiyah Vicarious Liability in the Law of Torts (1967) 156 in a chapter called ‘The Borrowed Servant’ suggested that both the general and temporary employer could be considered vicariously liable. After reviewing the history and noting that different jurisdictions diverged (Pennsylvania though in particular allows dual ...
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 ...
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties. [ 1 ]
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). Pursuant to this doctrine, courts recognized that employers should be liable for the infringing acts of their employees under ...
Vicarious liability in English law This page was last edited on 9 October 2016, at 15:04 (UTC). Text is available under the Creative Commons Attribution-ShareAlike ...
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 ...