Sentences with phrase «whether vicarious liability»

[28] ICBC also contends that the question before the chambers judge was whether vicarious liability should be imposed due to policy considerations.

In deciding whether vicarious liability exists, the full nature of the relationship between the parties must be considered.

Not exact matches

Whatever the distinction's usefulness, say in regards to issues of vicarious liability, it is intellectually and legally useless here because no one cares, and the Code does not care, whether you refused to employ a person as an employee or as an independent contractor if the reason you did so was because of sex, race, religion or age.

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.

In applying the established two - stage for vicarious liability, the High Court were first asked to determine whether the relationship between the bank and Dr Bates was such that it was capable of giving rise to vicarious liability.

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.

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.

A copyright - owning plaintiff must still establish the elements of infringement against the service provider — whether for direct infringement or under a theory of secondary liability (like vicarious infringement)-- even if the defendant does not find itself within the DMCA safe harbor.