Vicarious liability for employers and respondeat superior are words that can be used to research cases, statutes, constitutional provisions, and regulations that relate to the scenario. Negligence within the scope of employment is a phrase that can be used to perform a search for law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of…
Wheaton is liable for the manager’s injuries. Under the doctrine of Respondeat Superior Liability. The principle in this case would be Wheaton and the agent would be LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents, who are employees and who commit the tort while acting within the scope their employment, in addition, it also makes the principal liable both for an employees' negligence and for her intentional torts (pg. 944).…
Carrasco, C., & Dupee, M. (1999). Corporate Criminal Liability. The American Criminal Law Review , 36 (3), 445-473.…
While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan, an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product, Eagle Tools Inc. Under strict liability, the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers the courts will award Bob his claim.…
The offence is concerned with corporate liability and does not apply to directors or other senior individuals, who may have other senior members beneath them in the company or organisation. The police investigate suspected cases of corporate manslaughter and prosecution decisions are made by the CPS (Crown Prosecution Service). An organisation will be guilty of the new offence if the way in which its activities are managed or organised causes death and equals to a gross breach of a duty of care to the deceased. The new test requires juries to consider;…
Employer/employee relationships are the most common area wherein respondent superior is applied, but often the doctrine is used in the agency relationship. In this, the principal becomes liable for the actions of the agent, even if the principal did not directly commit the act. There are three considerations generally:…
In our litigious society, you may want to have an extra layer of liability protection. That is what a personal umbrella liability policy provides. An umbrella policy kicks in when you reach the limit on the underlying liability coverage in a homeowners, renters, condo or auto policy. It will also cover you for things such as libel and slander. For about $150 to $300 per year you can buy a $1 million personal umbrella liability policy. The next million will cost about $75, and $50 for every million after that. Most insurers will want you to have about $250,000 of liability insurance on your auto policy and $300,000 of liability insurance on your homeowners policy before selling…
The Doctrine of respondeat superior is Latin for “let the master answer”. It is a rule of law stating that an employer of a negligent employee is responsible for the employee’s actions, if the incident occurs within the scope of the employment or agency. It is a type of liability, which allows a third party to be held liable for actions done by an employee at the time of his or her employment.…
Regulatory risks are risks associated with the failure to comply with a whole host of governmental regulations. Such risks impact a company’s existing assets, earnings, and often, reputation. In the context of tort liability arising out of non-compliance of government regulations, it is in every company’s business interest to allocate resources to identify those risks, and to implement action plans to avoid such risks. In the event those risks do materialize, the company needs to have system in place to properly manage and contain monetary and reputational loss to the company. Additionally, companies will also benefit by anticipating what regulatory changes are upcoming so as to adjust the business practices accordingly, thereby minimizing the exposure to tort liability arising out of non-compliance of regulations.…
An integral aspect of a business liability practice is to take ongoing proactive measures through direct collaboration to avoid lawsuits before they are ever filed. Not all companies understand how to completely guard themselves of outside entities that have ill will and malice intent therefore it is important to completely understand how to handle these circumstances. Such risks have an impact on a company’s existing…
In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son, and angry fan, stadium workers, and other spectators. Actions that transpire include the spilling of beer on one fan by another, a shove of one fan of anther, a fall, injury, yelling, and repercussions of the stated actions.…
The third is the manufactures are in the best position to want to fix defects in their products when problems or injury occurs. This law makes corporations want to fix or recall products sooner and corporations with the doctrine of strict liability corporations will know about their…
Contributory and comparative negligence are legal concepts that are slightly similar in meaning. These are two separate legal concepts that minimize the liability of the defendant (McWay, 2010). The biggest difference between the two is that with comparative negligence there is usually some type of monetary compensation. But with contributory negligence, there won’t usually be any type of monetary compensation.…
Nursing homes have the potential to have tort liabilities if the problems are not corrected if harm should occur. A nursing home is a busy place and with different people coming and going throughout the day. A nursing home is a high demand for care of residents. Nursing home staff should be knowledgeable about the resident’s quality of care and should be licensed to perform the care that is given.…
Most people are aware that they're entitled to compensation if they're hurt due to someone else's negligence, but there are many other torts that can lead to a personal injury suit. Vincent Criscuolo & Associates, a Rochester personal injury attorney committed to helping injured people get the compensation they deserve, explains some of the other common torts, as well as the defenses insurance companies and defendants might use to defeat a claim.…