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Vicarious Liability Concepts

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Vicarious Liability Definition

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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.

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Negligent Hiring

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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.

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Frolic and Detour

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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.

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Vicarious Liability in Partnerships

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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.

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Intentional Torts

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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.

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Respondeat Superior

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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.

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Independent Contractor

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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.

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Non-Delegable Duty

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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.

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Joint and Several Liability

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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.

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Scope of Employment

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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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