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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.
Vicarious liability is imposed in virtually all areas of the law, and the concept of contributory infringement is merely a species of the broader problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another [14]
There are generally two kinds of secondary liability developed by courts – vicarious liability and contributory liability. Although the line between these categories of liability is blurry, a precondition for all forms of secondary liability is the underlying act (or acts) of infringement.
Legal action against such intermediaries, such as Napster, are generally brought in relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability. [57]
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 is a separate theory of liability, which provides that an employer is liable for the torts of an employee under an agency theory, even if the employer did nothing wrong. The principle is that the acts of an agent of the company are assumed, by law, to be the acts of the company itself, provided the tortfeasor was acting ...
Annuities are a tool that can create reliable retirement income that can last as long as you do. Each annuity is a contract between you and an insurance company: You provide the company money now ...
Duty of care – Liability arises when a tortfeasor fails to observe a duty of care toward the claimant. With regard to liability for landowners, the duty to visitors in tort law is dependent on how the claimant entered the land: Trespasser – A person who is trespassing on a property without the permission on the owner. Conversely, the status ...