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Vicarious Liability Concepts
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Vicarious Liability Definition
Vicarious liability is the legal principle that assigns liability to a person who did not commit the act directly, but has a relationship to the party who did. Example: An employer may be held vicariously liable for the actions of an employee if those actions occur within the scope of employment.
Negligent Hiring
Negligent hiring is when an employer may be vicariously liable for not exercising reasonable care in the hiring process, leading to an employee causing harm. Example: A company fails to check the criminal background of a security guard who assaults a customer.
Frolic and Detour
Frolic and detour refers to an employee’s actions that are outside the scope of employment, where the employer may not be held vicariously liable. Example: An employer is not necessarily liable for an accident caused by an employee using a company vehicle for personal activities unrelated to work.
Vicarious Liability in Partnerships
In partnerships, each partner can be vicariously liable for the wrongful acts or omissions of another partner if conducted in the usual course of business. Example: One partner's fraudulent dealings may render other partners liable to the defrauded party.
Intentional Torts
Employers can sometimes be vicariously liable for their employee's intentional torts, if the acts are within the nature of their job. Example: A security guard commits an assault while trying to restrain a customer; the employer may be liable.
Respondeat Superior
Respondeat Superior is a legal doctrine under vicarious liability that holds an employer responsible for the actions of an employee when the actions take place within the scope of employment. Example: A delivery company is held liable when its driver negligently causes an accident while making deliveries.
Independent Contractor
Generally, an employer is not vicariously liable for the actions of an independent contractor, as they are not employees. Example: A company hires a freelance IT consultant, and the consultant's negligence causes a data breach; the company may not be liable.
Non-Delegable Duty
A non-delegable duty is an obligation that cannot be transferred to another party and for which an employer can be vicariously liable if breached. Example: A school's duty to protect students cannot be delegated, and the school may be held liable for a contractor's negligence.
Joint and Several Liability
Joint and several liability occurs when multiple parties can be held liable for the same act, including vicariously through another's actions. Example: If both an employer and employee are found negligent, a plaintiff may collect damages from either or both.
Scope of Employment
Scope of employment refers to actions taken by an employee that are within the duties for which the employee is hired. Example: An employer can be held vicariously liable for an employee's negligence in serving food if the employee is a waiter.
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