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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.
Markesinis and Deakin's Tort Law, 6th ed (2007) describe this as the "enterprise risk" approach. 75. In Dubai Aluminium Co Ltd v Salaam [2002] UKHL 48; [2003] 2 AC 366 the relevant issue was whether dishonest conduct by a solicitor could involve the firm in liability under section 10 of the Partnership Act 1890 as having been carried on “ in ...
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, course of employment, close connection Lister v Hesley Hall Ltd [2001] UKHL 22 is an English tort law case, creating a new precedent for finding where an employer is vicariously liable for the torts of their employees.
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 for theft has also been found due to poor selections of employees by an employer, as in Nahhas v Pier House Management. [74] Here, the management company of a luxury block of flats employed a porter, who was an 'ex-professional thief', to manage their building.
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 ...
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).
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