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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.
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).
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.
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 ...
Liability for one's own actions is governed by articles 1240 and 1241, [88] while other provisions of the code provide for vicarious and other sui generis forms of liability. In addition, liability in specific cases (e.g. product liability and defamation ) have been provided for in separate statutes outside the code and in European Union ...
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]
In National Coal Board v Gamble (1959) 1 QB 11 the operator of a weighbridge was indifferent as to whether the principal committed the offence which is generally not a sufficient mens rea, but the NCB was convicted because the act of the employee was an act of sale (see vicarious liability).
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 ...
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