|
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lienholder
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''. The etymological root is Anglo-French ''lien'' or ''loyen'', meaning "bond", "restraint", from the Latin ''ligamen'', from ''ligare'' "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the US, a lien characteristically refers to '' nonpossessory'' security interests (see generally: ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peculiar Risk Doctrine
The peculiar risk doctrine is a legal doctrine in the U.S. state of California by which an owner or employer can be held vicariously liable for damages caused by an independent contractor negligently performing his or her work. The doctrine was created "to ensure that innocent third parties injured by the negligence of an independent contractor hired by a landowner to do inherently dangerous work on the land would not have to depend on the contractor's solvency in order to receive compensation for the injuries. Under the peculiar risk doctrine, a person who hires an independent contractor to perform work that is inherently dangerous can be held liable for tort damages when the contractor's negligent performance of the work causes injuries to others" (see Andreini case). There need not be any fault found on the part of the person who hires the independent contractor. Legal cases * Privette v. Superior Court of Santa Clara County, 1993 5 Cal.4th 689 * Andreini v. Superior Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Orders
Superior orders, also known as just following orders or the Nuremberg defense, is a plea in a court of law that a person, whether civilian, military or police, should not be considered guilty of committing crimes ordered by a Officer (armed forces), superior officer or official. It is regarded as a complement to command responsibility. One noted use of this plea or defense (legal), defense was by the accused in the 1945–1946 Nuremberg trials. These were a series of Military justice, military tribunals held by the main victorious Allies of World War II, Allies of World War II to prosecute, among others, prominent members of the political, military and economic leadership of the defeated Nazi Germany. Under the London Charter of the International Military Tribunal that established them, the trials determined that the defense of superior orders was no longer enough to ''escape'' punishment but merely enough to ''lessen'' it. Apart from the specific plea of superior orders, discussi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attribution (law)
Doctrines of attribution are legal doctrines by which liability is extended to a defendant who did not actually commit the criminal act. 2000, , George P.Fletcher, Examples include (when acts of another are imputed or "attributed" to a defendant), to commit a crime (even though it was never completed), and |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doe V
Doe, DoE, or DOE may refer to: Arts, entertainment and media * Doe (band), a British indie rock band * "Doe", a song by the Breeders from the 1990 album '' Pod'' * '' Defying Ocean's End'', a 2004 book and global agenda for action in marine conservation *'' Dictionary of Old English'', published by University of Toronto Businesses and organisations * Dank of England (DOE), a record label, with accessories * Democracy and Development through Unity (''Democratie en Ontwikkeling in Eenheid'', DOE), a political party in Suriname * Department of Education, a government department * Department of Energy, a government department * Department of the Environment, a government department * DoE, local expression for the Roads Service of Northern Ireland, now part of Department for Infrastructure People * Doe (surname), including a list of people with the name * Doe people, an ethnic and linguistic group in northern coastal Tanzania * John Doe and Jane Doe, multiple-use placeholder n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Romford Ice And Cold Storage Co Ltd
is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment. Facts Martin Lister and his father Martin Lister were working for the Cold Storage company, driving a waste disposal lorry. They went to a slaughterhouse on Old Church Road, Romford. When they were entering through the gates to the yard, the father got out ahead and the son, driving, backed over him. McNair J awarded the father two thirds of the compensation to reflect the father’s contributory negligence. The insurers, who paid £1600 and costs, sued the son in the name of the company (which was not consulted) by right of subrogation to indemnify them for this sum. Judgment Court of Appeal The majority of the Court of Appeal (9562 QB 180), Birkett LJ and Romer LJ, held that the insurance company could seek contribution from the son, because the son had a contractua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law Of Agency, Third
The Restatement of the Law of Agency (3rd edn, 2006) is a set of principles issued by the American Law Institute, intended to clarify the prevailing opinion on how the law of agency stands in 2006. Definition of agency According to paragraph 1.01: "Agency is the fiduciary relationship that arises when one person (a 'principal') manifests assent to another person (an 'agent') that the agent shall act on the principal's behalf and subject to the principal's control, and the agent manifests or otherwise consents so to act." See also * Restatement of the law *United States labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ... Agency law Legal treatises {{US-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handgun
A handgun is a firearm designed to be usable with only one hand. It is distinguished from a long gun, long barreled gun (i.e., carbine, rifle, shotgun, submachine gun, or machine gun) which typically is intended to be held by both hands and braced against the shoulder. Handguns have shorter effective ranges compared to long guns, and are much harder to shoot accurately. While most early handguns are single-shot pistols, the two most common types of handguns used in modern times are revolvers and semi-automatic pistols. Before commercial mass production, handguns were often considered a badge of office — comparable to a ceremonial weapon, ceremonial sword – as they had limited utility and were more expensive than the long barreled guns of the era. In 1836, Samuel Colt patented the Colt Paterson, the first practical mass-produced revolver, which was capable of firing five shots repeating firearm, in rapid succession and quickly became a popular personal weapon, giving rise to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parental Responsibility (criminal)
In Canada and the United States, the term parental responsibility refers to the potential or actual liability that may be incurred by parents for the behavior of their children. In Canada law Parental responsibility legislation has been enacted in three Canadian provinces: Manitoba (1997), Ontario (2000), and British Columbia (2001). Under the Parental Responsibility Act, 2000, a "child" is anyone under the age of 18 years, and "parent" means: *either the biological, adoptive, or legal guardian parent of the child, *or the person who has lawful custody of, or a right of access to, the child. Small claims court may order such parents to compensate those suffering any loss or damage intentionally caused by their child, unless the parent was exercising reasonable supervision over the child at the time the child engaged in the activity that caused the loss or damage and made reasonable efforts to prevent or discourage the child from engaging in the kind of activity that resulted in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
