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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.
Morris v CW Martin & Sons Ltd, [59] for example establishes vicarious liability of thefts by an employee, where there is a non-delegable duty to keep the claimant's possessions safe. [60] However, the scope of such liability was limited to torts committed in the course of employment, under the second limb of Salmond's course of employment test.
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]
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 ...
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 ...
Legal liability concerns both civil law and criminal law and can arise from various areas ... There is an exception to this rule, ... This is called vicarious ...
The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, [2] i.e. "the act is not culpable unless the mind is guilty". [3] [4] As a general rule, someone who acted without mental fault is not liable in criminal law. [5] [6] Exceptions are known as strict liability crimes.