雇主替代责任(vicarious liability): 金融消费者保护的可能路径 一直以来, 我国银行工作人员损害储户利益的案件中, 以表见代理或者职务代理的审理思路为主流, 法院较少关注侵权法下的雇主替代责任(vicarious liability)。[1]这与普通法下在类似案件中以雇主替代责任为主流的审理思路形成了鲜明对比。 特别是, 2023年1月...
Due to the multiple appeals, a changing award amount, and the gray area of maritime law pertaining to a ship owner being responsible for the actions of an employee, this is a fairly complicated example of vicarious liability.3 How To Avoid Vicarious Liability Actively monitor your workplace, r...
In cases of vicarious liability, one person is held liable for the criminal actions of another. 1 min read updated on September 19, 2022 Vicarious Liability In cases of vicarious liability, one person is held liable for the criminal actions of another. Because vicarious liability crimes are a...
16. Vicarious liabilityLee Roach
Basically, vicarious liability occurs when the law holds a person or entity responsible for the actions of another. In business, vicarious liability constitutes the liability a company tacitly holds for the actions of its employees, subcontractors or anyone using its space or facilities. For instance...
Vicarious liability, by which the law holds a person, without blameworthiness or fault, responsible for the acts of another, is a form of strict liability and was a common feature under primitive law 替代责任,即法律规定一个人尽管没有过错,要为另一个人的行为负责,是严格赔偿责任的一种形式,这...
The employer might be liable in this case, albeit not necessarily under a theory of vicarious liability. Although James was previously convicted of driving while intoxicated, that crime had no relationship to the job responsibilities for which he was hired. Had James been hired as, for example,...
Robert H. Aicher, Esq., Sonoma, CA , is general counsel to ASAPS.Most principles of law are fairly soporific until they impact your practice. Vicarious liability is one such principle, where one person tangentially involved is held legally accountable for the wrongdoing of another. This is a ...
In a modern context, there was little intrinsic sense in, or justification for, the long-standing assumption that a finding of dual vicarious liability was not legally permissible. The Court of Appeal allowed in part the appeal of CAT Metalwork Services against a decision that it was solely ...
summary judgment for Domino's, it did not agree with the means by which the Superior Court had reached its decision. The Superior Court had couched the critical ques- tion as being whether the plaintiffBY KRISTINA M. BALBO