vicarious liability – liability that a supervisory party (i.e. an employer or principal) bears for the actionable conduct of a subordinate or associate (i.e. an employee or agent)

     This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 – Torts, Breaches of Contract, and Assessing Liability >>>> Liability >>>> Types of Liabilities Associated with Civil Law:

**************************

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).

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).

*******************************

Back to Types of Liabilities Associated with Civil Law

Back to Liability

Back to Section 1 – Torts, Breaches of Contract, and Assessing Liability

Back to Civil Law Self-Help

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!