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vicarious liability
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Tue Jun 19 2007 at 4:17:11
A legal theory where one person is held liable for the acts of another. Vicarious liability can arise in a number of instances, depending on local law. Here are a few common grounds for vicarious liability:
Partners
in a
general partnership
(or general partners in a
limited partnership
) are vicariously liable for the torts of their partners if committed
in furtherance of
the partnership. (This is one reason why
law firm
s and
accounting firm
s like to organize themselves as
limited liability partnership
s, which remove this problem as to
malpractice
.)
Owners of
motor vehicle
s
are vicariously liable for any injuries arising when someone else uses the car with the owner's permission.
Joint owners of
real estate
are vicariously liable for injuries incurred on the property, regardless of whether they are actually in possession of the property or just holding its title from a distance.
Principal
s
are liable for the torts of their
agent
s when committed in furtherance of an
agency
relationship.
Employer
s
are responsible for the torts of their
employee
s committed within the scope of their employment (this is also known as
respondeat superior
).
Vicarious liability also comes up in other contexts, such as
vicarious infringement
of
intellectual property
.
printable version
chaos
vicarious infringement
joint and several liability
Delict
Agent
Divorce
Causation
agency
Malpractice
Limited liability partnership
limited partnership
General partnership
Respondeat superior
Vicariously
limited liability
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