Vicarious Liability Case

Vicarious liability is a form of 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 the responsibility of any third party that had the ability or duty to control the activities of a violator. Employers are vicariously liable for the torts of their employees that are committed during the course of employment. Employers will only be liable for the torts of their employees. They will not usually be liable for the torts of their independent contractors. It is therefore necessary to establish the status of the tortfeasor (Law Teacher 2012).

There are three theories of liability direct, vicarious, and enterprise. Direct liability has four types that are direct one of which is the principle in the 1st degree aka "the Perpetrator" which is someone who committed the crime willing on his own accord. The second is the principle in the 2nd degree aka "the Accomplice" which is someone who assisted the assailant with the delegation of the crime while also wanting to commit the crime at the same time he/she is also present during the scene of the crime. An accessory before the Fact is not present in the area of where the crime was committed, but helped by either counseling, encouraging, or urging the delegation of a crime. The Pinkerton Rule states that all accessories are liable for predictable actions that lead to being criminalized hence the violation of the criminal agreement. Even if the accomplice is not present at the scene of a committed felony crime they are still guilty. The two aspects are the specific resolve towards committing the crime the aiding of crime or encouragement towards the committing of a crime. A death penalty is only ever enforced on those who have committed the murder. The next type is the accessory after the fact which is someone who knows he/she has committed a crime and still aid with disturbing the case like hiding the assailant away from the police for example. They will also be charged with the felony since they know they committed the crime. Relations like with family is a type of

Buying a home insurance policy is a great way to save your investment as being a policy holder makes you eligible to get compensation from the insurance carrier, in case of property loss. After buying the policy, your job is to pay premium on time so that you are never put on default by the insurance company. Advantage of being a loyal policy holder is you won't find any difficulty in producing construction defect claim papers.

This scenario clearly states that the nurse-anesthetist had the duty of care when administering the anesthesia to the patient. With the assistance of the physician she neglected her duties by not properly inserting the tube into the patient’s trachea, instead it was placed into the patient’s esophagus causing an eruption and lack of the proper oxygen to the patent.

But there are many carriers who try to avoid this liability by not employing the truck drivers. Instead they hire the truck drivers as independent contractors. Your Injury Lawyer Markham will have to take this fact into account while filing the lawsuit.

of an accident and the other party is not insured or insured under your pol-

This is something that can be confusing to many people. The first thing to understand is that with few exceptions, insurance follows the car. What this means is that if someone were to lend their car to a friend and this friend were to get into an accident with you and they are to blame, the car is insured. If the driver has no insurance, it is unimportant. It is the owner of the vehicle who needs to have coverage. Confusion can often arise because the term motorist makes it sound like the driver was uninsured, but it is the car that must be insured by the owner.

Vicarious criminal liability forces criminal liability on one person for an act another person committed. I believe vicarious criminal liability should and shouldn't exist. I don't think it should exist in some cases because lets say you loan your car to a friend for a couple days because he needs it and he gets into a accident the day after you loaned him the car. Due to the Vicarious liability, both the driver and the owner can be named in the lawsuit. I believe this would violate the actus reus which is the action or conduct that is a constituent element of a crime, also known as "Guilty Mind". You can't control your friend's actions like you can control your own.

Drivers who forgo purchasing insurance create a problem that is of great concern to auto insurance policy holders, insurers and the general public. In addition to paying for insurance that covers their own actions, insured drivers pay a portion of the costs incurred by drivers without insurance through uninsured motorist coverage. For insurers, costs associated with uninsured motorist claims can be substantial.

This is what I would do if I was the driver using the Contractualism as a primary ethic. I will not want to take the blame of hitting the pedestrian in the car crash that caused several cars to be badly smashed; there was a person that was killed and there was my careless driving.

During this case regarding agency liability, basically, to summarize the events that had taken place, Lynne Meyer, a customer, had hit an employee, and the employee responded to this by displaying physical contact back at the customer. The employee was fired, and Lynee Meyer had sued Buy-Mart (the store).

The principle of vicarious liability is very controversial as it is quite broad, and the fact that personal fault on behalf of the employer is not required means that it is sometimes more difficult to attribute blame on big companies or corporations than individuals. However, there are many aspects of vicarious liability that make it suitable for its use. In nearly every case the employer is in the best position financially to compensate a claimant as they always have the ‘deepest pocket’. The whole purpose of the law of tort is to compensate the victims, the resources in question that enable the employer to have the ‘deepest pocket is provided through insurance.

It is important that you carry liability car insurance on whatever car you happen to be driving. Even if it is not your car, you may be held responsible for driving without insurance if you are discovered to be driving any car that does not have a valid liability insurance policy. Liability-only coverage is often referred to as third-party car insurance. The minimum state required third-party coverage is the cheapest car insurance coverage you can get. However, if you can afford it, we strongly recommend getting more coverage than states require.

Here's a term that means just what is says: the person (or persons) directly covered under your car insurance policy. Many families choose the make the primary drivers include every driving-age member of the household. This ensures that no matter who's driving at the time of an accident, any damages to the person or the vehicle are protected.

The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result. However, vicarious liability defines the circumstances in which a person is liable for the torts of another without express authorisation or ratification. The most common example of vicarious liability is the liability of an employer for the torts of his employees committed in the course of