vicarious liability - определение. Что такое vicarious liability
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Что (кто) такое vicarious liability - определение

EXTENDED LIABILITY TO PARTIES THAT CONTROLLED VIOLATORS
Vicariously liable; Vacarious liability; Employer liability; Employers' liability; Vicarious liabilty; Employers liability; Servants and agents; Employers Liability; Third-party liability

vicarious liability         
n. sometimes called "imputed liability," attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment (doing work for the employer) is vicariously liable for damages to the injured person. In most states a participant in a crime (like a hold-up) may be vicariously liable for murder if another member of the group shoots and kills a shopkeeper or policeman. See also: liability
Vicarious liability         
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. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability.
Vicarious liability in English law         
  • For an act to not hold an employer vicariously liable, it must be completely outside an employee's duties, as in ''[[Beard v London General Omnibus Company]]''.
  • Liability for independent contractors was found in ''[[Honeywill and Stein Ltd v Larkin Brothers Ltd]]'' where photographers hazardously undertook to photograph a theatre interior, and set alight to it.
  • Liability for assault has been found much more readily than other intentional torts, as in ''[[Smith v North Metropolitan Tramways Co]]''.
User:RichsLaw/Vicarious liability in English law
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties.

Википедия

Vicarious liability

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. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.

Примеры употребления для vicarious liability
1. "His claim was based exclusively on the trust‘s vicarious liability for Mrs Freeman‘s alleged breach of the statutory prohibition of harassment," said Lord Nicholls.
2. "Even if a jury were to somehow buy that this was an accident, any death during the commission of a kidnapping or sexual assault is first–degree murder regardless." Felony murder is often described as allowing "vicarious liability" and could relate to Karr‘s statement to reporters in Thailand on Sunday that he was present when JonBenet died and that her death was an accident.
3. Kennedy were more sympathetic to that argument, wondering whether Hazelwood was senior enough in the corporate structure for his actions to open the entire company to what Dellinger called "vicarious liability." Roberts said Hazelwood violated Exxon corporate policy that night both by drinking and by his actions on the ship.
4. Felony murder carries the same penalties as first–degree murder: either life in prison without the possibility of parole or the death penalty. It‘s a perfect insurance policy for the prosecution in Colorado,‘‘ said former Denver prosecutor Craig Silverman. Even if a jury were to somehow buy that this was an accident, any death during the commission of a kidnapping or sexual assault is first–degree murder regardless.‘‘ Felony murder is often described as allowing vicarious liability‘‘ and could relate to Karr‘s statement to reporters in Thailand on Sunday that he was present when JonBenet died and that her death was an accident.