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Vicarious Liability.


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Vicarious Liability.

... Vicarious Liability Primary liability is imposed because of the defendant's own acts breached his own personal duty rather than because of the relationship with the other person. For there to be vicarious liability to be impose, there must be a specific employer-employee relationship and it must be committed when the employee is acting in the course of employment. Employers would be joint and severally liable. Delegable duty - A person can satisfy it by employing another to act on his behalf. It must be proved that it was reasonable to delegate, that a reasonable check was made on the competence of person doing work and on the quality of it when completed. If these conditions are satisfied, the responsibility for the defects in the work falls to the person who performed it and not his employer, who had been negligent. Advantages of vicarious liability - - More Funds - Benefit Burden - Safety - Identity

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