This Article concerns vicarious liability
in the franchising context, as addressed in a number of foreign jurisdictions.
Limelight Networks, Inc., the Federal Circuit affirmed the single-entity rule for divided infringement, and identified "direction or control" and joint enterprise as two distinct categories of vicarious liability
. (41) The court reasoned that this rule is most consistent with the language of Section 271(a), the statutory context, legislative history, and established precedents.
In dismissing the Barbettas' vicarious liability
(25) This standard demands a fact-based analysis, and has been largely applied in cases involving agency relationships that give rise to vicarious liability
. (26) Importantly, the analysis focuses on whether the ship exercised sufficient control over the employee's actions.
Commentators have previously argued that vicarious liability
principles should not be used to determine organizational liability for section 10(b) open-market frauds.
Ultimately, the Supreme Court, in a 4 to 3 opinion, agreed that summary judgment was properly granted in favor of Domino's, and clarified the scope and application of the "means and manner of control" test for franchisor vicarious liability
The Modern Understanding of ESA Vicarious Liability
The vicarious liability
doctrine, in the context of the ESA, allows for the imposition of liability on a state or local government for a less direct form of take: when its policies authorize others to harm endangered species.
In other words, vicarious liability
. And the basis of one of the great creators of potential liability ever devised by man, the master-servant rule?
Respondeat superior imposes vicarious liability
on an employer for negligent acts by employees who are "performing work assigned by the employer or engaging in a course of conduct subject to the employer's control." (1) The doctrine extends back to 17th-century English courts and originated under the theory that, during a servant's employment, one may presume that the servant acted by his master's authority.
He said: ""There is no vicarious liability
in criminal law.
It is important to stress the PLI insurance that Unite offers is predicated on employers having vicarious liability
. However, we are hearing stories that some of the new organisations delivering contracts on behalf of the NHS are not providing this to their employees.