The simplest answer might be in this short (and simple) example - - If an employer has an employee and knows, or has reason to know, or SHOULD know, that the employee is not doing something correctly, or carrying out his duties properly, or fails to properly supervise the employee in the performance of their duty, then the employer becomes partially responsible for the employee's actions (or non-actions) in performing the assigned duties of their job.
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
Frank E. Law has written: 'A method of deducing liability rates' -- subject(s): Insurance, Employers' liability, Rates
Vicarious liability holds employers responsible for the actions of their employees when committed in the course of employment to ensure that victims are compensated. Justification for this doctrine is based on the employer's ability to control the actions of their employees and the economic benefit derived from their work. Additionally, it promotes better supervision and risk management to prevent future harm.
Jacob Brooks Herold has written: 'Burke-Roberts Employers' liability act of Louisiana' -- subject(s): Employers' liability 'Interpretations of the Civil code of Louisiana since 1898' -- subject(s): Law, Law reports, digests
Lester G. Lindley has written: 'The impact of the telegraph on contract law' -- subject(s): Employers' liability, History, Law and legislation, Liability (Law), Social aspects of Telegraph, Telegraph
W. F. Bailey has written: 'The law of personal injuries relating to master and servant' -- subject(s): Master and servant, Employers' liability, Personal injuries 'The law of jurisdiction' -- subject(s): Jurisdiction 'A treatise on the law of personal injuries' -- subject(s): Employers' liability, Master and servant, Personal injuries
W. R. Meredith has written: 'Final report on laws relating to the liability of employers' -- subject(s): Employers' liability, Law and legislation, Ontario, Workers' compensation 'The opposition platform as laid down by W.R. Meredith M.P.P.'
L. V. Hill has written: 'Workmen's compensation statute law' -- subject(s): Digests, Employers' liability, Law and legislation, Workers' compensation
Employers are unrestricted about what info they can reveal about current employees. Your pay rate is not secret, your hire date is not secret, your demotion is not secret. Defamation law imposes no liability on employers who broadcast the truth about you.
Nicholas Herman Dosker has written: 'Manual of compensation law, state and federal' -- subject- s -: Employers' liability
Imposing liability retroactively can raise ethical concerns as it may go against principles of fairness and justice. Individuals should generally have notice of what conduct is prohibited before being held liable for it. Retroactive laws can also disrupt settled expectations and impact the rule of law.
In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be liable, the director or senior officer must have that state of mind and it must be attributed to the company.