Vicarious Liability

Pronunciation: vy-KAIR-ee-us ly-uh-BIL-ih-tee

Torts › Vicarious Liability

Definition

Liability imposed on one party for the tortious conduct of another based on a special relationship between them, most commonly the employer-employee relationship under respondeat superior. The liable party need not have been negligent themselves; liability is imposed solely because of the relationship.

Related terms

• Respondeat Superior — Employer liable for employee's torts committed within scope of employment. Latin for 'let the superior answer.' No fault…
• Scope of Employment — Test for respondeat superior vicarious liability: was employee acting within scope of employment when tort occurred? Factors: (1)…
• Independent Contractor — Worker who maintains control over how work is performed, not subject to employer's control except for result. Hiring…

Go deeper

3 worked examples, 3 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Vicarious Liability are available with a free account.

Create a free account — the whole Torts subject is free.