Extended liability to parties that had to control violators
This article is about vicarious liability in private litigation. For vicarious liability in criminal law, see Vicarious liability (criminal).
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Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability.[1] The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.[2]
^"Religious Tech. Center v. Netcom On-Line Comm., 907 F. Supp. 1361 (N.D. Cal 1995)". Google Scholar. Retrieved 6 September 2017. citing 3 Nimmer on Copyrihgt § 12.04(A)(1), at 12-70 (1995)
^Quill, Eoin (2014). Torts in Ireland. Dublin 12: Gill & Macmillan. p. 506.{{cite book}}: CS1 maint: location (link)
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