vicarious liability

Vicarious liability is liability of one person for the acts or omissions of another.

The most frequent form of vicarious liability is that of an employer for the acts and omissions of an employee. An employer is not liable for all acts of an employee and a question of law applies to determine whether the employer or employee will be vicariously liable. The employer will be liable for acts and omissions of the employee during the “course of their employment“. This should be contrasted to the position of an independent contractor, who will usually be liable for their own acts and omissions.

Vicarious liability may also arise in the context of relationships involving principal and agent; company and company director; amongst others.

Usage: The employer was held vicariously liable for the negligent driving of the employee.

Related Words: independent contractor; employee; employer; employment; contractor; contract; jointly and severally.