Sentences with phrase «of vicarious liability»

Coupled with principles of vicarious liability of the company for the acts, actions and state of mind of management, agents and intermediaries around the world, it is easy to see why multi-national companies, with US links, are coming to regard corruption as one of their biggest corporate risks.

The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed's treating physicians.

The Court of Appeal has recently had cause to revisit the question of vicarious liability in relation to injuries caused to employees as a result of violence towards them by another employee, in the conjoined appeals in Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd [2012] EWCA Civ 25.

[31] I am of the view that the question of vicarious liability on the facts of this case can not be resolved on a pleadings motion.

The legal doctrine of vicarious liability allows a plaintiff to hold an employer liable for the negligent acts of an employee that were committed in the course and scope of employment.

Meghann McTague examines the impact of recent case law on the scope of vicarious liability in abuse claims

The Seller then sued the Brokerage on the theory of vicarious liability for the breach of fiduciary duty and fraud by its salesperson Fogleman.

The clearest and most obvious example of this judicial thinking has been the growth in the scope of vicarious liability of employers for the torts of their employees.

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, dealing with the issue of vicarious liability following an assault.

The outcome of a vicarious liability claim against an employer of a dog owner in a recent Maine dog bite injury lawsuit hinged on whether the employee was acting in the course and scope of employment at the time the dog attacked.

Under ordinary rules of vicarious liability, any employer should also be liable.

The answer is the legal concept of vicarious liability.

Cases of this nature have often resulted in findings of vicarious liability.

The outcome of a vicarious liability claim against an employer of a dog owner in a recent Maine dog bite injury lawsuit hinged on whether the employee...

The primary types of vicarious liability in Louisiana are an employer's vicarious liability for damages caused by an employee in the course and scope of employment, and a parent's liability for the acts of an unemancipated minor child.

Essentially, the doctrine of vicarious liability allows for a plaintiff to hold an employer responsible for the negligent acts of an employee.

This is a rather unsettling conclusion that leaves one uncertain about how the law of vicarious liability for sexual misconduct is being applied to school boards.

Now that claims are more likely to proceed on the basis of the vicarious liability of employers, there will be narrower factual disputes to consider which will have a significant bearing on determining whether or not a fair trial can proceed.

A real life example of vicarious liability can be seen in the case of Pedro Diaz Rodriquez v. Enmanuel Parada, Business Solutions Transport, Penske Truck Leasing Corporation, and Does 1 through 30.

Both situations would fall under the umbrella of 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.

One English legal academic has described the analysis and result in JGE as «an attempt to create a new overarching category of vicarious liability».

The legal principle of vicarious liability states that the actions of the employee are, in essence, the same as those of the employer.

Claims against private hospitals, the catholic church and local authorities have involved a number of cases which have resulted in the development of the law in respect of vicarious liability.

It is a form of vicarious liability in that one person or entity is responsible for another's conduct or lack of conduct.

[26] Although Nelson may provide, by analogy, a basis for denying the availability of vicarious liability, I can not conclude that the chambers judge erred in finding the appellant's claim is on this basis, not bound to fail.

In other words, to clearly determine how public policy considerations affect the viability of the vicarious liability claim, some evidence is required.

The case represents an extremely worrying extension to the applicability of vicarious liability to independent contractors based on public policy reasoning.

In other blogs, we have considered the issue of vicarious liability as it relates to other entities including school boards and clergy.

However, these arguments largely failed and in the JGE case the Church went a stage further, arguing that vicarious liability can not arise in the first place as priests are not employees of the church, they are merely office holders and therefore (it argued) the essential precondition of vicarious liability is not satisfied.

Matters have been further complicated by the influence of Canadian judges who have developed their own analysis of the vicarious liability of organisations for child abuse, based on the notion of «enterprise risk».

This ruling may seem narrow, in that the Tribunal would only retain an individual respondent where there is a possibility that liability may fall outside of the vicarious liability provision in section 46.3 of the Code.

On the matter of vicarious liability, the minority view of Lord Scott in Kuddus, put forward by counsel on behalf of the defendant, was rejected.

Intervening, the whistleblowing charity Public Concern at Work argued that this «pure» version of vicarious liability led to a major gap in the protection of whistleblowers who may well face hostility from fellow employees, not just the management, and invited the court to take a purposive approach and read into the legislation an extended form of employer liability in such cases.

However, outside of the employment relationship the exact parameters of vicarious liability are unclear.

A named insured is covered for claims that arise out of its vicarious liability for negligence committed by someone acting on its behalf.

(This sort of vicarious liability isn't in effect in all states.

Some interests were concerned that the abolition of vicarious liability would make it more difficult for buyers to back out of a transaction.

God governs according to the legal principle of vicarious liability.

You have been sued, even though you were not the driver, because of the legal theory of vicarious liability.

The work around mentioned of course is the practice of describing this work on dockets not as «legal research» but as «drafting factum» or «analyzing question of vicarious liability,» something which seems unfortunate and should be unecessary.

In these cases, a hospital may be deemed responsible for their actions or omissions under the legal doctrine of vicarious liability — which holds that an employer is responsible for the negligence of its employees.

The case has been erroneously described in the media as being about whether priests are employees, but in reality it was about the scope of vicarious liability in circumstances where the perpetrator of abuse is «akin to an employee».

They both address issues of vicarious liability.

What is the relevance to the concept of vicarious liability, for example, of the lack of a formal agreement with terms and conditions; or of the manner of remuneration; or of the understanding that the relationship was not subject to adjudication by the secular courts?

Despite that a jury could reasonably find that Bennett engaged in behavior that merits a punitive damages award, Wood failed to offer sufficient evidence to support a finding of vicarious liability.

Under one type of vicarious liability, known as respondeat superior, an employer may be held liable for the negligent acts of its employee if the employee's actions fall within the course and scope of the employee's employment.