answersLogoWhite

0


Best Answer

The difference is best illustrated by a couple of examples:

1. A minor attends a part at a friend's house while the parents are away, and particpates in causing damage to the house. There are laws that say in that case the parents of the minor can be liable for the damages. The minor is guilty of an intentional tort and is directly liable, but if the minor is unable to pay for the damages, the parents, who did not participate, are guilty by vicarious liability.

2. A delivery man in a company truck causes a traffic accident, injuring people and damaging property. It turns out the delivery man had a lousy driving record and his employer knew it but kept him on. The delivery man is guilty of negligence and is directly liable, and the employer is guilty vicariously for having knowingly kept a dangerous driver on as an employee.

In each case the persons who are liable "vicariously" did not participate in the underlying tortious conduct. In the former case the parents are guilty solely because the law wants to try to make parents responsible and more observant of their children's activities (and it would be unfair for the people whose home was damaged to be left without recourse, potentially if their insurance doesn't cover the damage and the minor has no money), but in case #2 the employer is guilty also of negligence, but a different kind.

User Avatar

Wiki User

14y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Difference between vicarious and tortuous liabilities?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

The difference between assets and liabilities is?

assets are what the business owned and liabilities are what the business owe.


What is the difference between vouching and verification of assets and liabilities?

What_is_the_difference_between_vouching_and_verification_of_assets_and_liabilities


Is Net worth is the difference between your assets and your liabilities?

Yes - it's the sum of your assets minus the sum of your liabilities.


The difference between assets and liabilities is called?

Net Worth or Equity


What is the difference between a company's assets and its liabilities or its net assets is?

Equity


Whats the difference between vicarious liability and primary liability in nursing?

A primary liability is discussed when the libelous action finds you at fault as the caregiver. A vicarious liability is the liability shared with another in a supervisory role.


What are the different between tortious liability and contractual liability?

There is more freedom in contractual law where as in tortuous liability it is more of imposed nature. The claimant will receive compensation for damages and expected earnings in the case of contract liability where as the claimant can only claim damages as in the case of tortuous liability. There is more privacy in the contract in the case of contractual liabilities as the parties who are involved in the contract are the one who can actually sue for damages as in the case of ATKIN V SOUNDERS(1942) whereas in tortuous liabilities any one as a third party who had suffered losses or damages can claim compensation from the defendant.


What is the difference between liabilities provisions and contingent liabilities?

Provision made for known or specified liabilities which may occur in future is provision for liabilities whereas Contingent liabilitiy is provision made for unknown liabilities which may or may not occur in future.


What are the difference between long term liabilities and short term liabilities?

Long term liabilites are liabilities that are not due within 12 months (or within a year) and short term are those that are.


What is the difference between outstanding assets and outstanding liabilities?

Outstanding assets are assets that are owed to an individual or business. Outstanding liabilities are debts that ill be incurred in the future.


What are the difference between co-operative society and joint stock company?

they ave unlimited liabilities


How do you calculate overdraft?

it is the difference between current assets and current liabilities which is the working capital gap