{"id":15159,"date":"2018-03-06T00:33:53","date_gmt":"2018-03-06T00:33:53","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15159"},"modified":"2023-02-11T22:45:29","modified_gmt":"2023-02-11T22:45:29","slug":"derivative-liability","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15159","title":{"rendered":"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)"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help Walkthrough<\/a> >>>> Section 1 \u2013 Torts, Breaches of Contract, and Assessing Liability<\/em><\/a> >>>> Liability<\/a> >>>> Types of Liabilities Associated with Civil Law<\/a>:<\/span>
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vicarious liability<\/span>:<\/span><\/span>
\n<\/strong>(1875)<\/span><\/span><\/p>\n

1. Liability<\/a> 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. <\/strong>\u2014 aka imputed liability<\/em><\/strong><\/span>. [1]<\/span><\/p>\n

1. A liability imposed upon one person because of the act or omission of another, such as his employee.<\/strong> [2]<\/span><\/p>\n

1. Liability imposed upon a person because of the act or omission of another.\u00a0 EXAMPLES: the liability of an employer for the conduct of its employees; the liability of a principal for her conduct of her agent. <\/strong><\/span>[3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Kenneth 5. Abraham,<\/span> The Forms and Functions of Tort Law<\/em><\/a> 166 (2002):<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe vicarious liability of an employer for torts committed by employees should not be confused with the liability an employer has for his own torts.\u00a0 An employer whose employee commits a tort may be liable in his own right for negligence in hiring or supervising the employee.\u00a0 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<\/a>.\u00a0 But that is not \u2018vicarious\u2019\u00a0 liability \u2014 l am held liable for my own negligence in hiring i that employee or letting him drive after i know he has been\u00a0<\/span><\/strong>drinking.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/span><\/p>\n

quasi-tort<\/span><\/a> – when one who did not directly commit the wrong is liable, such as an employer for a tort committed by an employee.<\/span><\/strong><\/p>\n

respondeat superior<\/span><\/a> – 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).<\/span><\/strong><\/p>\n

responsible corporate officer doctrine<\/a> –<\/span> corporate directors and officers are personally liable for crimes they commit, and may be held liable for employees under their supervision.<\/span><\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Kenneth 5. Abraham, The Forms and Functions of Tort Law<\/em><\/a> 166 (2002).<\/strong><\/span><\/p>\n

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\n","protected":false},"excerpt":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 \u2013 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 … Continue reading 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)<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":15015,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-15159","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/15159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15159"}],"version-history":[{"count":7,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/15159\/revisions"}],"predecessor-version":[{"id":17625,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/15159\/revisions\/17625"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/15015"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}