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Vicarious Liability
James, Fleming
James, Fleming
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Vicarious_Liability.pdf
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Abstract
Under the fault principle as we know it today there are many situation in which A is held liable to C for damages which B's negligence has caused C, even though A has been free from negligence or other fault. In such a case A is made vicariously liable for B's fault, such liability being imposed because of some relationship between A and B. In this article we shall examine the bases (in history, in legal reasoning, and in policy) and also the extent of such vicarious liability. Before that is done, however, certain preliminary points should be clarified or emphasized.