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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 ...
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 ...
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]
Vicarious liability, course of employment, close connection Mattis v Pollock [2003] 1 WLR 2158 is an English tort law case, establishing an employer's vicarious liability for assault , even where it may be intentional or pre-meditated.
Cruise line Royal Caribbean is being sued after an employee was sentenced to 30 years in prison for recording women and children with hidden cameras.
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.
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).