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...
For there to be liability in respect of an agent, the relationship will be examined to see whether the wrongdoer is acting on the other's business or for his instructed purposes. However, there is not in the UK any concept of a family car that would, without more, make one spouse liabl...
We now come to one of the most important topics in this book, that of vicarious liability. An employer will be liable for the tortious ( = wrongful at civil law) acts of his employees committed by them in the course of their employment; hence 'vicarious liability'. Thus, the employer ...
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...
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 ...
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...
The issue of vicarious liability has certainly become a really hot topic here in the UK lately, but part of the explanation for that lies in the trickery and naked commercial self-interest of certain 'no win-no fee' law firms. It is they who have 'thrust the greatness' upon this topic...
Vicarious liability is long established in Irish law, however, the principle of non-delegable duty has only recently been considered by the Supreme Court. While the test for vicarious liability can be more readily discerned, the Courts have shown that the principle of a non-delegable duty...
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 ...
The vicarious liability of employers for employees in the context of UK data protection law – WM Morrison Supermarkets plc v Various Claimants, 1st April,... This paper discusses the ruling concerning the judgment of the UK Supreme Court in an appeal brought by the supermarket retailer WM Morr...