Sentences with phrase «vicarious liability in the case»

The federal and state laws also allow for vicarious liability in the case of commercial tractor - trailers.

Not exact matches

These cases can be particularly hard to navigate because there are many factors in play, including workers» compensation availability, vicarious liability, and insurance issues.

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.

Consequently it may be that decisions in Majrowski and Conn are limited to vicarious liability cases and stress claims.

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

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.

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

The decision in the Morrisons case is consistent with the vicarious liability doctrine as interpreted and applied by Canadian courts.

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 employeIn 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 employein question was related to work the employee was instructed to do, the employer will generally be liable for the actions of its employee.

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.

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.

The personal injury lawyers at Parr Richey Frandsen Patterson Kruse represent clients in a variety of personal injury cases, including assaults and cases involving vicarious liability.

Tags: Duty of Care, forseeability, Fullowka v. Pinkerton's of Canada Ltd., Intional Torts, Negligently Failing to Prevent Harm by Others, Priest Sexual Abuse Claims, Proximity, sexual abuse civil claims, Supreme Court of Canada, Teacher Sexual Abuse Claims, Third Party Liability, vicarious liability Posted in Sexual Assault Civil Cases, Uncategorized Direct Link Comments Liability, vicarious liability Posted in Sexual Assault Civil Cases, Uncategorized Direct Link Comments liability Posted in Sexual Assault Civil Cases, Uncategorized Direct Link Comments Off top ^

The plaintiff sustained serious injuries in the accident and filed a personal injury case against the Department under the theory of vicarious liability.

In order to succeed in a truck accident case against an employer, a plaintiff can rely on the theory of vicarious liabilitIn order to succeed in a truck accident case against an employer, a plaintiff can rely on the theory of vicarious liabilitin a truck accident case against an employer, a plaintiff can rely on the theory of vicarious liability.

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.

Overall the «direction of travel» in cases involving vicarious liability in the past decade has been in favour of claimants — cases such as Lister, Maga, and JGE have developed vicarious liability remedies for claimants in circumstances where they would previously have been without a remedy.

Second, to add belt to braces, the judgment goes on to consider in some detail the decision of the court of Appeal in the leading case of Jones v Tower Boot Co [1997] 2 All ER 406, [1997] IRLR 168, which held that a purposive interpretation is to be given to the general vicarious liability provisions in the discrimination statutes in order to achieve their aim, even at the cost of going further than the normal common law rules; this was held to be equally applicable to the parallel provisions on agency.

A similar exemption applies for those persons liable under the extended liability (s. 52) and vicarious liability (s. 53) provisions in CASL, in cases where the corporation, employee or agent, as the case may be, who committed the contravention has entered into an undertaking or been served with a notice of violation.

Dual Agency, Vicarious Liability, Breach of Fiduciary Duty, and Agency: Other issues were each addressed in multiple cases this quarter.

Breach of Fiduciary Duty was the most commonly raised issue, while Agency: Other and Vicarious Liability issues were considered in many cases as well.

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