Sentences with phrase «from vicarious liability»

(5) Subsection (3) does not absolve the real estate council, government, foundation, insurance corporation or compensation fund corporation, as applicable, from vicarious liability arising out of anything done or omitted by a protected individual for which it would be vicariously liable if that subsection were not in force.

Second, citing Finlayson v. GMAC Leaseco Ltd., 2007 ONCA 557, the motion judge found that because Almeida consented to Araujo's possession, any restrictions (including John Paul Almeida's instructions), «would not exculpate him from vicarious liability».

However, a business entity can help shield you from vicarious liability for malpractice committed by others in your entity.

From this morning's New York Law Journal comes a report on a case decided by a New York trial court, holding that Zipcar, the «car - sharing» service currently operating in 50 cities and 100 universities around the country, is shielded from vicarious liability for accidents involving its vehicles.

This seems implausible — partnership surely is as irrelevant to the coverage of the Code as the idea of «independent contractor», flowing from vicarious liability law, was to the health and safety committee case discussed above.

Not exact matches

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

The commercial truck driver isn't the only one who may be held responsible for your injuries, medical bills and time lost from work due to vicarious liability.

In some cases, however, school districts have been relieved of vicarious liability when an employee's negligent actions departed significantly from normal school duties.

Victims may be able to pursue damages not only from the driver but also from the driver's employer through a legal doctrine called vicarious liability.

Vicarious liability, per Maine Revised Statutes 29 - A-1109, holds that employers can be responsible for the acts of their employees if they approved or had knowledge of the employee's actions and either approved or retained benefits, proceeds, profits, or advantages from the acts.

Generally, however, vicarious liability exists such thatany losses and injuries resulting from the conduct of an employed driver should be the burden of the employer.

Langstaff is one of only a very few reported Canadian decisions in which a day school (as opposed to a residential school at which students sleep over, where there is much precedent for vicarious liability) has been held indirectly or vicariously responsible for the harms flowing from the sexual misconduct of a staff member against a student.

Four years on from Majrowski, Waller LJ's comments give a fair indication of how the courts view claims based on vicarious liability for breach of PHA 1997.

In general, the FTCA relates only to the vicarious tort liability of the entity, the United States government, on a respondeat superior theory, arising from an agency or employment relationship some some other person or entity that acts on its behalf.

However, it is clear from the judgment that there remain some grey areas at the boundaries of vicarious liability.

New York City IP Litigation partner Craig Tractenberg authored this column discussing vicarious liability resulting from a car accident involving a food delivery service.

As the named insured, your firm is covered for its vicarious liability for accidents resulting from the use of any covered auto.

Bodouva believes most agencies discourage agents from venturing into the realm of buyer representation due to «vicarious liability.»

241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency; broker is obligated to supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and salesperson each to pay $ 250 fine

649 DOS 02 DOS v. Holzbach — disclosure of agency relationships; proper business practices; sanctions; unauthorized practice of law; vicarious liability; broker fails to timely provide agency disclosure form to buyer although disclosure form could have been faxed to and received from buyer; broker back dated agency disclosure form demonstrating incompetency; use of designated agent form without the use of required agency disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00