Imposing liability on others despite their lack of culpability is sometimes used as common law and courts have evolved the principle that an employer can put responsibility for some acts onto employees when an act is committed during the course of employment. The distribution of costs of accidents and other injuries and losses has been passed along by employers through insurance and higher costs by employers to employees, customers and clients.
In criminal cases, there is no vicarious liability. The principle this relies upon is that a crime is composed of both an "actus reus" (guilty act) and a "mens rea" (guilty mind), and that a person with these two should be convicted if both are present at the same time. Therefore, it is very difficult to prove that another party is responsible for a criminal act, as the culprit has to have both a guilty act and a guilty mind, not just one, as the parent or employer might have.
Vicarious liability in the U.S. applies to crimes that affect the public welfare, but do not require prison terms as punishment. There are situations where vicarious liability applies, as we mentioned, where manufacturers of defective products are responsible for the situations that their products may cause. Also in cases where contractors are responsible for their subcontractors' work and where parents are responsible for the actions of minor children, vicarious liability can be applied....
In other cases, such as an employee serving alcohol to a minor, the employee is at fault because the punishment may include a prison term.
The question of liability arises concerning sexual or other types of harassment only after there is a determination that a violation has occurred and whether the charges rise to the level of unlawful acts. The EEOC has a long-standing guide on employer liability and it is important that an employer's procedures make an immediate and corrective action be taken. This way the remedial measures will not adversely affect the complainant or the employer. (Enforcement, 1999)
If you have charged an individual with an act that may invoke vicarious liability, you should not automatically assume that either that party or another party is guilty. A judge familiar with the complexities of these cases will have to examine the case in order to determine the limits of such a charge and decide on the most appropriate course of action. What is most important is that a criminal act has been committed and that the perpetrator will face the charges.
Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999) Question B What defenses may be available to BUG? BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law. Case Study 1 Part B At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the
Causation: Irrespective of whether or not ABC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of ABC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005). For
Sexual Harassment The author of this report has been asked to assess and review an article that is related to the subject matter in the class text for this class. The topics that are there to be chosen from include regulation of employment, the employee/employer relationship, the Civil Rights Act/Title VII, affirmative action, race, gender, sexual harassment and affinity orientation. The author of this report shall focus on sexual harassment. While
Law Sexual Harassment Teddy's Supplies' CEO Dear Sir, In pursuing the facts of the case I think Teddy's is having a written sexual harassment policy and a method for employees to report sexual harassment -- either to the supervisor or in secret by using the www.ReportTeddysafely.com. As an employer some of the necessities stipulated by law have been followed. The Supreme Court defined two principles regarding the sexual harassment at the workplace.