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Legal Channeling
Legal channeling is the act of legally making one entity responsible for an event, and thereby dismissing other parties from liability for an event. For example; the third part liability for nuclear power plants is often channelled to the operator of the nuclear power plant. Therefore, contractors, who work at a nuclear power plant, do not have to have insurance in case one of their employees causes an accident with third party damages as a consequence. See also * Strict liability * Joint and several liability * 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 r ... References {{legal-term-stub Tort law Nuclear liability ...
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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 ...
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Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * severally liable, or * jointly liable, or * jointly and severally liable. Several liability In several or proportionate liability, parties are liable only for their own obligations. : ''Example: AnyBank and AnotherBank join as a syndicate to lend to Credit-Hungry Industries, Inc. The agreement provides that each bank is severally liable for its own part of the loan. AnyBank fails to advance its agreed part of the loan: Credit-Hungry can sue only AnyBank, and AnotherBank has no liability.'' Joint liability If parties have joint liability, each of them is liable up to the full amount of the relevant obligation. : ''Example: Alex and Bobbie are married. Together they take a loan from a bank and the loan agreement specifies that they are to be jointly liable for the full amount. Alex moves overseas and ceases to make payments. The bank is entitled to sue ...
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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 ...
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Tort Law
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime, criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and Battery (crime), battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law (legal system), civil law jurisdictions largely d ...
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