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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).
The question would be whether in all the circumstances, including the important question of control, vicarious liability should be shared, on the basis that the employee in question, although not formally the employee of the temporary employer, is, at least for relevant purposes, so much a part of the work, business or organisation of both ...
Nuisance. v. t. e. 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. [ 1] This liability has expanded in recent years following the ...
Secondary liability. Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to ...
Morris v CW Martin & Sons Ltd [1966] 1 QB 716 is an English tort law case, establishing that sub-bailees are liable for the theft or negligence of their staff. Both Lord Denning and Diplock LJ rejected the idea that a contract need exist for a relationship of bailor and bailee to be found. Accordingly, it established an authority in vicarious ...
Joel was struck down by a horse and cart driven by Morison's agent. Joel was crossing a street in the City of London, but the driver's job was simply to travel between Burton Crescent Mews and Finchley. The driver had detoured to visit a friend when the accident occurred. Morison argued that he was not liable for Joel's injuries because the ...
Lister v Hesley Hall Ltd. Lister v Hesley Hall Ltd [2001] UKHL 22 is an English tort law case, creating a new precedent for finding where an employer is vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment ...