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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 court held that the claimant must have known the condition of the pilot and voluntarily took the risk of negligence by agreeing to be a passenger. However, in driving cases, s149 Road Traffic Act 1988 denies the effectiveness of any agreement between a passenger of a motor vehicle and the driver that seeks to exclude liability for ...
Dual vicarious liability is most unlikely to be a possibility if one of the candidates for such liability is also personally at fault. It would be entirely redundant, if both were. 48. Academic commentary tends to favour the possibility of dual vicarious liability, but feels that authority constrains it.
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...
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 ...
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]
Passengers are suing Royal Caribbean after a cabin attendant was found guilty of hidden recordings. A class-action lawsuit estimates that up to 960 passengers may have been secretly filmed.
Whether the principles of vicarious liability themselves required development beyond an acceptance of the normative character of their provenance and application was a different matter. [8] O'Regan J proceeded to investigate the common-law principles of liability.