Vicarious Liability Chapter 1

Vicarious Liability

• Definition: Holding someone responsible for the actions of another person
• Three categories of vicarious liability:
  • By Ratification (Master and Servant): When an employer (master) approves or agrees to an action performed by an employee (servant) without authority, the employer becomes responsible for it
  • Special Responsibility: When an employee (servant) acts on behalf of their employer (master), the employee is held responsible
  • By Abetment: When someone participates in an action with others, everyone involved is held accountable for it

Criminal vs. Civil Liability

• Criminal Court: The employer (master) is not held responsible for the action if the employee (servant) is sentenced
• Civil Court: The employer (master) becomes liable for the action if the employee (servant) is sentenced

Remedies

• Definition: A legal solution or course of action available to someone who has suffered harm or injury due to wrongful actions by another party
• Purpose: To address the harm done and provide some form of relief or compensation to the injured party
• Types of remedies:
  • Judicial Remedy: A solution provided by the court to the injured party
  • Extra-Judicial Remedy: When the court does not provide a remedy, the injured person may take action themselves within the bounds of the law

Judicial Remedies

• Types of judicial remedies:
  • Damages: Monetary compensation awarded to the injured party to make up for the harm or loss suffered
  • Injunction: A court order that requires someone to stop doing a particular action (restraining injunction) or to perform a specific action (mandatory injunction)
  • Specific Restitution of Property: Returning goods to their rightful owner when someone is wrongfully deprived of their property

Damages

• Definition: The amount of money paid to someone who has been harmed by another person's wrongful actions
• Purpose: To compensate the injured party and restore them to the position they were in before the harm occurred
• Types of damages:
  • Contemptuous (Ignominious Damages): Awarded when the plaintiff's claim is not taken seriously by the defendant
  • General Damages: Awarded to compensate the plaintiff for non-monetary losses, such as pain and suffering
  • Special Damages: Awarded to compensate the plaintiff for specific monetary losses, such as medical expenses or lost wages

This quiz covers the concept of vicarious liability, its categories, and related remedies. It also explores judicial and extra judicial remedies, damages, and injunctions.