Sentences with phrase «vicarious liability for»

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

It should have been obvious that in addition to the personal guilt, there was the clients» vicarious liability for the wrong - doings of their agents.

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

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

You can say it wasn't you driving, but car owners have vicarious liability for anyone they allow to use their vehicle.

You have vicarious liability for anyone who operates your vehicle with permission.

The point of law in JGE, a technical legal point, of whether there could be vicarious liability for a diocesan priest, a non-employee, was generally misunderstood in media reports and erroneous reporting was widespread.

It had misunderstood the House of Lords authority on which it purported to be based, and (short of specific legislative coverage, as in discrimination law) there can be no vicarious liability for acts of employees which are themselves not unlawful in the necessary manner.

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

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.

In part 1 of our interview with product liability lawyer, Scott Maidment, we talk about a recent shift in vicarious liability for car owners.

... There is an organization respondent (the Regional Municipality of Halton) in the proceeding that is alleged to be liable for the same alleged conduct as them, no issue has been raised to the organization respondent's deemed or vicarious liability for their alleged conduct, there is no issue as to the ability of the organization respondent to respond to or remedy any infringements of the Code, and no real prejudice would be caused to the applicant or any other party as a result of removing them as respondents to the Application.

He made no claim against the departmental manager herself, and his claim was based exclusively on the trust's vicarious liability for his manager's alleged breach of the statutory prohibition of harassment.

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.

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.

The liability of defendant medical group was based upon its vicarious liability for the negligence and gross negligence of its employees.

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.

After several constitutional challenges based on equal protection and Congressional power, the Graves Amendment to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, 49 U.S.C. § 30106 (2005) essentially eliminated vicarious liability for rental car companies.

The main concern for a website operator pertains to the DMCA «safe harbor» provisions, which protect against vicarious liability for infringement.

Defended investment company against allegations of corporate vicarious liability for franchisor and franchisee negligence related to injuries sustained at bounce house franchise

The concepts presented here offer initial guidance in what can be a long and challenging process: proving vicarious liability for the negligent acts of a non-employee.

But you still ultimately bear vicarious liability for the actions of your agents on your behalf,» he said.

Not exact matches

The author asserts that God governs according to the legal principle of vicarious liability: God assumes culpability for human sin, for God's own sake.

Eoghan Cameron, BASC council member for Scotland, said: «In recent years there has been a plethora of legislative measures, including vicarious liability, introduced to tackle raptor persecution.

You acknowledge and agree that neither HBO nor any of its affiliates, agents, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Invited Submissions, and that HBO and its affiliates, agents, licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions.

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 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.

The law appears to recognize corporate torts, individual torts, and vicarious corporate liability for individual torts.

There have been a number of cases across the country that have attempted to expand vicarious liability of companies for exactly these situations.

Most often, hospitals and professional corporations establish organizational walls to avoid vicarious liability, and attempt to treat others providing medical services as independent contractors for whom there is no vicarious liability.

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.

Vicarious liability involves placing the liability for one's actions upon another person.

That's not to say there couldn't be a civil suit by the survivors of the victim, in which case vicarious liability could leave both John and Bill to share responsibility for the accident.

Vicarious liability is the legal means by which we can pursue action against a vehicle owner or an employer for the negligent and injurious actions of those driving their vehicle or employees acting on behalf of the company.

Hotels are also liable for the actions of their employees under the doctrine of «vicarious liability» in Florida.

Also, Massachusetts recognizes a legal doctrine called vicarious liability, which holds an employer liable for careless acts that an employee commits during the course and scope of employment.

The coverage does this by treating a «dishonest, fraudulent, criminal or malicious» act of either the insured or of others for whose actions the insured might be liable (for example, under the doctrine of vicarious liability) as an «error, omission or negligent act» as described in the policy.

Will the ruling open the door for others to claim vicarious liability against organizations whose independent contractors do wrong?

As David states the law, In Canada one can have direct liability for the actions of a vicar, while in England liability for a vicar may be only vicarious.

At most, if the decision is affirmed, it'll be what amounts to England applying a version of the enterprise liability due to material increase in risk approach declared by the SCC in Bazley and Jacoby as the justification for vicarious liability.

The vicar's personal liability for his misdeeds clearly can not be described as vicarious.

Nevertheless, the court imposed vicarious liability on Morrisons because there was a sufficient connection between the rogue employee's assigned work and his wrongful conduct to make it fair for Morrisons to be liable to the individuals affected by the privacy breach.

In vicarious liability cases, if an individual was employed by an enterprise and the conduct in question was related to work the employee was instructed to do, the employer will generally be liable for the actions of its employee.

In Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc, the Supreme Court has reconsidered the test for vicarious liability in employment and similar relationships.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

The trial judge didn't suggest that, somehow, the agreement contained a clause that allowed the plaintiff to continue against the remaining defendant (s) for more than their own shares — their own shares would include a share based on vicarious liability, but that wasn't an issue in the case.

The claim was brought against the Claimant's employer (even though it was an individual that was alleged to have been the harasser) on the basis that they were responsible for her actions (known as «vicarious liability»).

This matters, particularly for his civil case, because it could be grounds to assert direct liability — and not just vicarious liability — against the trucking company that employed him.

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