单词 | Authorised act |
释义 | 獲授權行為 In tort, an act authorised by an employer or necessarily involved in performing work for an employer. An employer is not normally liable for the acts of an independent contractor, but may be liable if it can be shown that a tortious act or omission of an independent contractor was in some way authorised by the employer, or the employer was necessarily involved in performing the act, and the act is attributable to the employer as a result. The abuse of powers by an arresting crown officer in arresting and detaining a citizen wrongfully, maliciously and without reasonable cause is a factor of excess which takes the officer’s purported authorised act of arrest outside the course of his employment: Kimmy Suen King On v A-G (1987) HKLR 331 (CA). See also Strict liability; Vicarious liability. 在民事侵權法上,獲僱主授權的行為,或為僱主執行工作時的必要行為。對獨立承判商的行為,僱主一般不必負上責任,但若能證明某一侵權行為或不作為是僱主所授權的,或執行工作時必定涉及該僱主在內,則可歸咎於該僱主。政府職員濫用權力拘捕及扣留市民,拘捕行為屬錯誤、惡意及無合理理由的,即屬過份的舉動,令該職員本應視為獲授權的拘捕行為,變成是在受僱工作期間以外的行為:Kimmy Suen King On v A-G (1987) HKLR 331(上訴法院)。另見 Strict liability; Vicarious liability。 |
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