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vicarious liability:
(1875)
1. Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. — aka imputed liability. [1]
1. A liability imposed upon one person because of the act or omission of another, such as his employee. [2]
1. Liability imposed upon a person because of the act or omission of another. EXAMPLES: the liability of an employer for the conduct of its employees; the liability of a principal for her conduct of her agent. [3]
Excerpt from Kenneth 5. Abraham, The Forms and Functions of Tort Law 166 (2002):
“The vicarious liability of an employer for torts committed by employees should not be confused with the liability an employer has for his own torts. An employer whose employee commits a tort may be liable in his own right for negligence in hiring or supervising the employee. If in my business I hire a truck driver who has a record of drunk driving and on whom one day I detect the smell of bourbon, I (along with my employee) may be held liable for negligence if his driving causes injury. But that is not ‘vicarious’ liability — l am held liable for my own negligence in hiring i that employee or letting him drive after i know he has been drinking.” [4]
Related Terms:
quasi-tort – when one who did not directly commit the wrong is liable, such as an employer for a tort committed by an employee.
respondeat superior – the doctrine wherein liability is imposed on an employer for the acts of its employees committed in the course and scope of their employment, or on a principal for acts of their agent(s).
responsible corporate officer doctrine – corporate directors and officers are personally liable for crimes they commit, and may be held liable for employees under their supervision.
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: Kenneth 5. Abraham, The Forms and Functions of Tort Law 166 (2002).
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