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Nature and justification of vicarious liability
Nature and justification of vicarious liability
Factors of strict liability
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Vicarious liability is a system of strict liability through which one entity A is made strictly liable for the torts of another, B, even though A is not at fault. In short, it refers to the circumstances where individual is held responsible for the actions or omissions of another person. In a workplace context, it can be shown that an employer for instance can be liable for the wrongdoing or omissions of its employees in the course of their employment. Nevertheless, vicarious liability also imposes responsibility upon one person for the failure of another with whom the person has a special relationship including parent and child.
An action may be brought against A or B, or both. The paradigm example of vicarious liability is that of an employer’s liability for the torts of their employees committed within the course and scope of their employment. This is not the only example where such liability operates, for example, it also applies in the context of principal and agent
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Insurance experts considered the risk of cyber liability losses will exceed the risk of fraud or theft. In this unrestrained environment, the company can take few steps to limit risks by purchasing cyber liability insurance. Cyber Liability insurance is insurance coverage that is deliberate to provide protection against data breaches, network security, intellectual property, privacy issues, error and omissions as well as other internet or technology related problems. Cyber liability insurance also cover data breaches related to the physical loss of laptops and other computer equipment when they are stolen by employees or people outside of the corporation. A breach is well-defined as an event in which either an individual’s name, social security number, driver license number, and a financial record card is possibly laid at risk in form of electronic or paper
The hospital under vicarious liability is based on Respondeat Superior (let the master answer) for the negligence actions of its contractors/employees. This is the responsibility of physicians for negligent actions of hospital employees ranging from nurses to x-ray techs. Through Corporate Liability the hospital itself is liable for the negligent actions of its workers.
(5 points) Based on the facts of the case you have selected, is it possible the employer can also be held criminally liable? Explain your answer.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Vicarious liability is a common law concept that refers to the liability that arises when one party, such as an employer, is legally liable for the acts or omissions of another party, such as an employee. This is because employers have a duty to take reasonable care for the safety of their employees and those of others who come into contact with them and their business.
The case Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously liable for the negligence of their employees during the course of their employment. In comparison to cases such as Humberstone v Northern Timber Mills[2] and Stevens v Brodribb Sawmilling Co Pty Ltd[3], which appear to contribute to the development of the application of common law to evolving social conditions, the Hollis v Vabu Pty Ltd case may be considered as taking a step back in affirming the traditional notion of ‘control’ when determining the nature of employment relationships. The following will critically analyse the ratio and the legal and commercial implications prevalent in this case.
Computer crime has been an issue since the beginning of computers. Wherever there is something good, there is always someone who takes advantage of it. This can be seen in cyber crime, which has been on the rise in recent years. According to the Los Angeles Times, the median cost of computer crime to a company per year has risen from $3.8 million dollars in 2010 to $5.9 million. (Rodriguez, 2011) This suggests that computer crime is becoming an even bigger hazard to companies. A recent example of this was the data breach committed against Target in 2013.
About 15 million United States residents have their identities and information used fraudulently each year. Along the use of their identities, they also had a combined financial loss totaling up to almost $50 billion. Major companies such as Apple, Verizon, Target, Sony, and many more have been victims of consumer information hacking. In each of the cases, millions of consumers’ personal information has been breached. In the article “Home Depot 's 56 Million Card Breach Bigger Than Target 's” on September 18, 2014, 56 million cards were breached due to cyber attackers. Before the Home Depot attack, Target had 40 million cards breached. Company’s information is constantly being breached and the consumers’ are the ones who end up having to pay the price. If a company cannot protect the information it takes, then it should not collect the information.
3. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment.
Security helps the organization meet its business objectives or mission by protecting its physical and financial resources, reputation, legal position, employees, and other tangible and intangible assets through the selection and application of appropriate safeguards. Businesses should establish roles and responsibilities of all personnel and staff members. However, a Chief Information Officer should be appointed to direct an organization’s day to day management of information assets. Supporting roles are performed by the service providers and include systems operations, whose personnel design and operate the computer systems. Each team member must be held accountable in ensuring all of the rules and policies are being followed, as well as, understanding their roles, responsibilities and functions. Organizations information processing systems are vulnerable to many threats that can inflict various types of damage that can result in significant losses (Harris, 2014). Losses can come from actions from trusted employees that defraud the system, outside hackers, or from careless data entry. The major threat to information protection is error and omissions that data entry personnel, users, system operators and programmers make. To better protect business information resources, organizations should conduct a risk analysis to see what
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Cyber security is the designing, creating, using, and repairing most technological and mechanical equipment. This includes programing and creating new technology before it is mass produced in order to insure safety and quality. It also cover the use of programs to protect and fix technological and mechanical equipment from malfunctions, viruses, and hackers. Lastly, cyber security includes the repairing and upkeep of most electronically designed systems. This job is important because most of today’s world is entirely made up of system that need to be protected, maintained, and constantly improved. This jobs needed in order to keep developed countries stable and able to keep developing,
Even though the principal does not authorize, ratify, participate in, or know of the misconduct, he/she may be held for an agent’s tort committed in the course and scope of the agent’s employment. As noted in Case Study 1, an agent is to comply with all lawful instructions received from the principal and persons designated by the principal concerning agent’s actions on behalf of the principal. A principal who is under a duty to provide protection is subject to liability to such others for harm caused to them by the failure of such agent to perform the duty. A principal is not relieved from the separable part of a contract which he/she authorized the agent to make by the fact that the agent under took. Even where the agent’s unauthorized act constitutes a fraud on both the principal and the third person, the partial validity rule is applicable.
Vicarious liability is incident only to a relationship of controlled employment, tr... ... middle of paper ... ... n any case the insurance premium that covers the claim is generally cheaper than if the employer was to directly compensate the tort victim. Therefore, the principle of vicarious liability is the best compromise which could have been reached between the needs of tort victims for compensation and the freedom of businesses to operate without excessive burdens. --------------------------------------------------------------------- [1] P418.
Consider and explain how criminal liability might be established on an art and part basis. In addition, consider how an individual may be held liable for the unintended consequences of a course of criminal conduct, and how such an individual might defend any such allegations. Art and part liability is a form of derivative criminal liability meaning: "where two or more people engage together in committing a crime, each actor is equally guilty of the whole crime irrespective of the particular role played by each individual".1 A typical example of art and part liability is a bank robbery. For example, a gang perform the physical act of the crime: the actus reus; the robbing of the bank, with one man sitting in the getaway car. All men are guilty of the crime.
Costs of cybercrime is very expensive to try to resolve and insure against. One study indicates that cybercrime will reach $2 trillion by 2019 a threefold from a 2015 estimate. According to the Ponemon Institute’s “2016 cost of data breach study: Global Analysis” which queried 383 organizations that suffered at least one breach in 2016, the average cost per breach was $4 million. That figure rose to $7 million in the U.S. Cyber insurance has swelled, primarily in the U.S., from $1 billion two years ago to $2.5 billion in 2016. Experts expect dramatic growth in the next five