ARTICLE #19 Vicarious Liability: What Is It and How Does It Apply? From Coverys Risk Management (Tracy L. Melina‚ BS‚ MBA‚ CPHRM) In healthcare‚ there are two main categories of liability: primary and secondary. And while most physicians and other clinicians are constantly aware of how their own actions and decisions affect risk and safety‚ it’s easy to forget about the type of secondary liability known as “vicarious liability” because this type of liability applies when adverse outcomes result
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Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
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3. Principles on which vicarious liability is based The doctrine of vicarious liability is based on principles which can be summed up in the following two maxims : (a) Qui facit per alium facit per se :- The maxim means‚ ‘he who acts through another is deemed in deemed in law as doing it himself’. The master’s responsibility for the servant’s act had also its origins in this principle. The reasoning is that a person who puts another in his place to do a class of acts in his absence‚ necessarily
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Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele‚ vicarious liability is defined as an employer being found liable for the tort of his or her employee‚ provided that tort is sufficiently connected with the individual’s employment. On the face of it‚ this definition seems straightforward and clear‚ however you only need to look at the plethora
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One of the most significant leaders who caused Black Power Revolution in Trinidad is Stokely Carmicheal also known as Kwame Ture. He was born in Belmont‚ Trinidad and then migrated to Harlem New York. There he went Howard University where he became the head of a student Nonviolent Coordinating Committee in 1966 and was later considered with the effort to bring together African Americans and bring them into power in a party known as Black Panther Party. He further goes on to becoming attached to the
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Few other dogmas go to the core of the Christian faith like the Atonement. However‚ there is much controversy about what is called vicarious atonement (penal substitutionary atonement). There is a variance between personal and vicarious atonement. When humankind fell rebelliously from God‚ they intrinsically owed God amends. But humankind might atone for their sin simply by suffering perpetually the consequence attached to wrongdoing. This is whatever God might have demanded in stern righteousness
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“Ready for the revolution!” Stokely Carmichael‚ also known as Kwame Ture‚ was born in the Port of Spain‚ Trinidad‚ on June 29‚ 1941. He is best known for his contributions to the Civil Rights Movement as well as the Black Power Movement during the 1960’s. Carmichael began his journey to becoming a prominent figure in African-American History when he was accepted into Howard University in 1960‚ even though he had been offered scholarships to other prominent universities‚ Carmichaels choice
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FACTS: Defendant‚ AAA North Jersey‚ Inc. (“AAA”)‚ contracted with Five Star Auto Service (“Five Star”) to perform towing and auto repair services for AAA. Defendant Terence Pershad‚ a tow-truck driver employed by Five Star‚ received a call through AAA to assist a crashed car. Upon Pershad’s arrival at the crash site‚ Pershad and Plaintiff Nicholas Coker (a passenger of the crashed car) began fighting‚ which ended soon after Pershad assaulted Plaintiff with a knife. Plaintiff filed suit in a New Jersey
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First thing I had to do was figure out what the AAA triad was‚ after a little researching on the internet I figured out it meant; Access control‚ Authentication‚ and Accounting. Access control manages which individual or accounts may interact with certain resources and makes the decisions on which kind of operations these individuals or accounts can perform. Access control usually uses some type of identity which may be associated with a specific individual or account. After reading about access
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and more specifically the topic of vicarious trauma that interpreters may experience in their chosen settings. In my interview with Ms. Shirley‚ I quickly discovered the raw emotions that can form within an interpreter when perusing this particular field. Ms. Shirley described to me what she personally does every day at the school system that she works in. She works with five Deaf students‚ as well as ten other special needs children‚
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