...manufacturing facility, which is 150 miles from the dealership. AAA Auto Dealers provides John with a dealer car to drive, as well as reimburses him for gasoline, food, and lodging. While driving to the manufacturing plant, John, accompanied by his boss, decided to stop by John’s cousin’s house for dinner. While on the way to his cousin’s house, John collided with a motorcyclist, injuring the driver. ISSUE: Whether AAA Auto Dealers are liable for John’s negligence? RULE: AAA Auto Dealer’s may be held vicariously liable for its employee's actions under the theory of respondeat superior for negligence committed within the scope of employment, citing Stropes v. Heritage Children's Ctr., 547 N.E.2d 244, 247 (Ind. 1989). ANALYSIS: Vicarious Liability imposes responsibility on one person for the acts of another because of a special relationship with that person; such as a parent or employer. Okrent, C., & J.D.. (2009). Respondeat Superior places responsibility on the employer for any acts or harm caused by its employees while working. Okrent, C., & J.D.. (2009). If an employee’s acts were authorized, then the respondeat superior rule applies. In Barnett v. Clark, Debra A. Barnett sought damages against Camille Clark, Trustee of Pleasant Township in Steuben County, Indiana for the acts committed by a Trustee employee. Barnett suffered rape, sexual battery, and false imprisonment by Donald Clark, a deputy trustee, when seeking assistance from the Trustee’s office. The...
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...VICARIOUS LIABILITY Words 1055 1) Vicarious liability is a legal tort doctrine that assigns responsibility upon one person for the failure of another, with whom the person has a special relationship (such as employer and employee or owner of vehicle and driver), to exercise such care as any reasonable prudent person would use under similar circumstances. In other words, it imposes strict liability on employers for the wrongdoings of their employees, who have acted negligently. 2) The elements of the doctrine include that: the person who commits the wrong must be an employee, the employee must have committed a tort and it must have been committed in the course of employment. In regards to the first requirement for imposing VL, the rule is that an employer can only be liable for torts committed by employees. There is generally no liability for torts committed by independent contractors (although there can be in certain exceptional situations). However, it is not always possible to determine at first sight whether in fact a person is employed under a contract of service or not. It will often be in the interest of an ‘employer’ to deny that the relationship is one of employment. It has been suggested in WHPT Housing Association Ltd v. Secretary of State for Social Services that the distinction lies in the fact that the employee provides himself to serve while the self- employed person only offers his services. 6) Once it has been established that sufficient relationship...
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...EVOLVING VICARIOUS LIABILITY: THE REAL JUSTICE? The Catholic Child Welfare Society & Ors v Various Claimants & Others Facts The case concerned a large group of men claiming that they had been sexually and physically abused from the brothers of the institute who taught at St William’s School. Two groups of defendants were identified in the case. The first group consists of various boards of manager, who had carried out the management of the school from 1958 and 1992, also known as the “Middlesbrough Defendants”. The second group was an Institute, which is an unincorporated association of lay brothers of the Catholic Church. At all material times, the Institute supplied both the headteacher and some other teachers to the school. This group of defendants are known as the “De La Salle Defendants”. The Institute is an unincorporated association headed by a Superior General, and divided into provinces headed by a “Provincial”. It consists of lay community teachers who are not priests, but bound together by strict rules which govern all aspects of their life. The rules prohibit the touching of a child or corporal punishment while teaching. All earnings must be given to the Institute. They swear lifelong vows of chastity, poverty and obedience. Also each brother undertakes to “go wherever I may be sent and to do whatever I maybe assigned by the Institute or its superior”. The Middlesbrough Defendants were found to be solely vicarious liable at first instance, the...
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...People can get into an accident in all kinds of situations, including while on the job. Whether driving is a required part of your work, or if you have to run the occasional errand for your boss, your employer may be liable for any accidents that you cause, depending on the circumstances. Vicarious Liability When one person works for another, that person is considered the agent of the principal. In most instances, an agent is an employee, and the principal is his or her employer. The legal theory of vicarious liability holds that a principal is responsible for the negligent acts of an agent performed during the course of his or her employment. For example, if an employee negligently ran a stop sign while driving to a job site in a work vehicle and caused an accident, the employer could be liable for the employee’s actions. The person injured in that accident would be able to sue not only the driver of the vehicle, but also the employer as well....
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...BBC203 Business Law Ass. No. 2 Essay Q.1 Student No. 201212185 What is vicarious liability? Analyse the differences between contractors and employees and explain why these differences are important, in your answer you should consider the multi-factor test. Vicarious liability is a part of Tort law, which can be defined as the imposition of liability on a third party, such as an organisation or employer for the wrong actions, non-actions or negligence of an employee performing their employment duties on behalf of the organisation or employer. It is mostly a component of common law, set by a doctrine of judicial precedents but also involves civil law as vicarious liability falls under concurrent powers with its legislative power of the Parliament, shared between both federal and the states jurisdiction to pass statutes, legislations and Acts (Pendleton & Vickery, 2009). Vicarious liability can only be imposed with a standard of proof, ‘the balance of probabilities’, based on a multi-factor test rule, which includes the usual tests of negligence by the tortfeasor’s conduct, with a dispute process based on proving a ‘balance of probabilities’. To understand vicarious liability it is important to first outline the legal responsibility of an employer for the conduct of employee’s. Employers are responsible to actively contrive precautionary measure, such as policies, procedures and contractual boundaries to minimise the risk of an employee committing a wrongful act while within...
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...TITLE: LIABILITY OF THE SCHOOL FOR STUDENT INJURY ARISING OUT OF ACTS OR OMISSIONS OF TEACHERS, INSTRUCTORS, PROFESSORS, AND SCHOOL OFFICIALS: SOME LEGAL BASES PRESENTER: LUZVIMINDA E. REYES SUBJECT: EDUCATION 205- THE LAW AND THE SCHOOL PROFESSORIAL LECTURER: DR. PITSBERG B. DE ROSAS ------------------------------------------------- I. Introduction The relation between teachers and student or employer and his employee or apprentice originates from the old relationship between the master and the artisan or craftsman. In the past, teachers were more authoritarian. However, today, such a concept is no longer true because student now have more automy. The principle of en loco parentis according to which teachers become surrogate parents of the students or pupils in the school. The power of en loco parentis should not be interpreted literally. This is because the authority of parents over children according to the law is only while in the age of minority while the authority of teachers and schools over students has no limit as to age. They are under the supervision of the school. He put himself under the proto active custody and supervisory and custodial power of the school. It is for this reason that the power of the school is made responsible for there can be no responsibility...
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...Eric Moreno Business Civic Liability Research Paper MGMT 518 12/4/2012 Businesses today have to take a multitude of factors into consideration to try and stay on the positive end of the profit margin. One important factor that many businesses often overlook is the “ticking time bomb” that they may have already hired. Businesses need to realize the risk that they may be held civilly liable for some of the criminal acts of their employees. This is no black and white issue either; with the constantly changing and evolving legal system we have here in this country, any one act done by an employee can also be used to sue the employer. Why do businesses need to worry about this? Well, most plaintiffs will go after the deeper pockets of the employer, and juries may be more inclined to side with the plaintiff rather than one of these “big” companies. Therefore, it is important that business protect themselves from liability. The type of protection depends on the industry. Often, however, doing simple things like conducting a thorough background check, having a code of ethics or conduct can shield companies from liability. Conducting a thorough background check seems to be the most efficient way to protect a company from an employee’s criminal activity—by preventing that employee from working at the company in the first place. Filtering out employees with criminal pasts or problems with prior employers can help minimize the liability of a company from its employees’ actions....
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...October 5, 2012 The primary sources I have are a case. The secondary sources I have used are restatement of torts, American law reports. I used the search terms, vicarious liability of employers, respondeat superior, coming and going rule for vicarious liability and frolic and detour rules for vicarious liability. The search method I used was natural language, I tried Boolean too but it did not work for me because I have always used natural language and it works for me. FACTS: John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John’s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist. Is AAA Auto Dealers liable for John’s negligence? ISSUE: Is AAA Auto Dealers vicariously liable for John’s negligence? RULE: Vicarious liability automatically imposes tort responsibility on a defendant because of his relationship with the wrongdoer. The most frequent example of vicarious liability is when employers are held liable under a theory of respondent superior for the actions of employees within the scope of their employment (The Restatement (2nd)...
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...Ltd. Under S119 a company comes into existence as a body corporate at the beginning of the day on which it is registered with the name specified in its certificate of registration. Under S124 a company has the legal capacity and power of an individual both in and outside this jurisdiction. Four consequences from separate legal entity 1. there is a distinction between private and company debt. 2. there is a distinction between private and company assets. 3. a company can contract with its member. 4 a company can be liable in tort to a member. A company is recognised as a separate legal entity, it is possible for the ,members of a compang to enjoy limited liability. Put anotherway- the doctrine of separate legal entity. The liabili belong to the company and in a limited liaility company, the members’ liability is limited to the amount unpaid on the shares or the amount of the guarantee given by the member Application of law to the facts In this case, even though Toan and his wife are the sole shareholders of the company, and they are its sole directors, the company was a separate legal and it, not Toan and his wife, was running the business , so the successful bidder by the company. Conclusion Under S119 and S124, separate legal entity ,Toan the action will be successful....
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...John Stokely and AAA Auto Dealers Jennifer L. Beverly Kaplan University PA 165 Professor Fiano December 19, 2011 Memorandum of Law From: Jennifer L. Beverly To: Astrid Fiano, Esq. Re: John Stokely and AAA Auto Dealers Date: December 19, 2011 Question Presented Is AAA Auto Dealers liable for John’s negligence? Brief Answer AAA Auto Dealers is liable for Mr. Stokely’s negligence committed within the scope of employment. Mr. Stokely’s actions fall within the scope of employment because driving to the manufacturing facility was business related. Mr. Stokely’s boss accompanied him to the manufacturing facility. Facts John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John’s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist. Discussion In the case of Largey v. Intrastate Radiotelephone, Inc a motorcycle driver was severely injured by an individual driver who the courts found to be an employee of the appellant. The court found that the driver...
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...Parental responsibility statutes, also referred to as parental liability statutes, appertain to the legal guidelines which hold parents criminally responsible for neglectfulness in not managing their children's delinquent behaviors.[1] Particularly, under parental accountability statutes, fathers and mothers are not held accountable for the actions of their kids, but rather for improperly controlling them. A number of American states have implemented this legislation pertaining to traditional parent obligations. The regulation enforces prospective legal responsibility on a parent or any individual that has the accountability of looking after that child or discipline of that particular child falling under the individual that was in charge of...
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...Week 4 HAS 515 Determine the importance of a thorough understanding of the legal liability of health care institutions from the Chief Medical Officer’s viewpoint. When you come across a legal issue that you do not understand, describe what your action steps might be. The CMO is a clinician and has clinical credibility and understand the practice of medicine. The CMO also has formal training in business, management, and leadership. Understanding the practice of medicine is critical, but the CMO must also understand the business of medicine both from a private practice as well as an academic perspective, depending on the setting. Credibility is required not only in the medical staff lounge, but also in the C-suite and the boardroom. The effective CMO is able to bridge the chasm between cost and quality because they understand both sides of the equation and know that, like a balance sheet, assets must equal liabilities. Neither a management degree nor a business degree alone is sufficient; real-world experience in healthcare organizations is essential. Specific skills are that the CMO must be able to credibly present and administer the agenda of quality to the governing body while supporting an economically viable budget, as well as the organization's strategic plan and legal policies and procedures( Cors,2009). If I come across legal issues that I don’t understand I will involve risk management department and review all documents needed such : Incident identification...
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...students. The responsibility of ensuring the safety and well-being of every student on campus takes on a great amount of liability. Every staff member bears this responsibility but many do not recognize the task. As written in School Law and Public Schools by Essex, liability of school personnel falls into the following categories: Individual liability – school personnel may be held individually liable for their actions that result in injury to a student. Vicarious liability – districts may also be held vicariously liable for the negligent behavior of their employees. Foreseeability – ability of an educator to predict or anticipate that a certain activity or situation may prove harmful to students. Nuisances – any dangerous or hazardous condition that limits free use of property. Invitees – there is an expectation that the property is safe for invitees. Licensees – school officials have a duty to warn invitees of any impeding dangerous conditions and to take reasonable steps to protect them. Trespassers – there is normally no obligation to protect trespassers who enter the property illegally. Parents – when parents visit schools, there is an obligation to address unsafe conditions prior to their arrival. (Essex, 2012) Just as these laws create liability for school personnel, school safety standards are in place to prevent any such liability. Conducting the risk and safety assessment of schools helps us as educators identify potential threats/violations beforehand...
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...the case Trial Court: Dean Witter won. The broker was found 85% liable and the firm was found to be 15%. Lower appellate court: Dean Witter won. Overall winner: Decision upheld, the broker was found 85% liable and the firm was found to be 15% Facts: Maria Millian sued both her son and Dean Witter Reynolds, Inc. for negligence, gross negligence, conversion, and breach of fiduciary duty. Maria Millian opened two brokerage accounts with Dean Witter Reynolds, Inc. with her son. Her son Miguel forged her signature on an account application form and opened the account in her name. Miguel began to steal money from his mother’s account which totaled about $287,000. Trial court directed a verdict for Dean Witter on issues of vicarious liability. They found Dean Witter is 15% liable and Millan is 85% responsible due to not discovering the fraud sooner. Plaintiff’s theory: Miguel and Dean Witter Reynolds, Inc. stole money from Maria Millian by deceiving her. Because Miguel opened fraudulent accounts in the name of Maria Millian and wrote checks payable to cash, and because the company did not verify the signatures, Millian sued for negligence, gross negligence, conversion, and breach of fiduciary duty. Defendant’s theory: Dean Witter Reynolds, Inc. was not fully responsible for the fraudulent acts committed by Miguel because he was not acting within the scope of his position at the firm ultimately resulting in monies being stolen from Millian’s account. Legal issue:...
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...Plaintiff, Johnathan Silverstein, is suing a coworker, Meredith Shaw, for sexual harassment based on the fact that she put a “sexy screen saver” on his computer that his supervisor observed. Mr. Silverstein claims that he lost a promotion based on the actions of Ms. Shaw. As the argument unfolds, the following six questions needs to be considered for the case. (1) Was the sexual behavior unwelcome? (2) Does the Plaintiff’s reaction meet the “reasonable person” standard? (3) Has a “hostile environment” been created? (4) Is there any employer liability? (5) Is there corroborative evidence to support the claim? (6) Is the claim credible? After evaluating the video “You be the Judge: Sexual Harassment" and analyzing each of the elements of this cause of action, the applicable defenses, and the bases for the Judge's ruling. As well as analyze the potential civil liability of both the employee and the employer. Lastly, analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee. Cause of Action In this situation, Mr. Silverstein is filing a suit against the Ms. Shaw for sexual harassment in the workplace. There is the previous history of pranks within the office personnel that are inappropriate in nature. Mr. Silverstein explains that there is a total of four people working in the office. The other two males and the defendant routinely send inappropriate emails to each other. Mr. Silverstein says that he has always deleted the...
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