| 单词 | vicarious liability |
| 释义 | vicarious liability vicarious liability liability where one person, himself blameless, is held liable for another person's conduct. The rule is often justified by reference to two Latin maxims: respondeat superior ('let the master answer') and qui facit per alium facit per se ('he who acts through another acts himself'). It is now accepted in modern times as a mat- ter of policy, shifting the burden of the cost of accidents upon some- one more likely to be able to pay. The most widely used example is the employer's liability for his employee. There is, however, gener- ally no liability for an independent contractor like a taxi driver or removal firm: Salsbury v. Woodland [1970] 1 QB 324. For there to be vicarious liability in respect of an employee, the acts must be 'in the course of his employment', which does not rule out negligent or even deliberate wrongs by the employee but excludes cases where the employee has gone off 'on a frolic of his own. See Rose v. Plenty CA [1976] 1 WLR 141. For there to be liability in respect of an agent, the relationship will be examined to see whether the wrongdoer is acting on the other's business or for his instructed purposes: Ormrodv. Crosville Motor Services [1953] 1 WLR 1120. However, there is not in the UK any concept of a family car that would, without more, make one spouse liable for the other spouse's driving: Morgans v. Launch- berry [1973] AC 127. |
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