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A Quick Guide to Vicarious Liability

Vicarious Liability

Vicarious Liability is a secondary liability that renders superior parties responsible for the actions of their subordinate parties. 


Torts Court 

Vicarious Liability in torts is generally subject to the discretion of the court and will often come into play when the court finds negligence assault

Vicarious Liability in Domestic Relations is an applied concept of Secondary Liability. Secondary Liability is technically when torts committed by a tortfeasor are facilitated or assisted by a second party. 

Parents or guardians who are found liable for torts of Vicarious Liability may have their parental rights or guardianship reviewed by a family court of appropriate jurisdiction, as they may be found to have created an unfit environment for responsible child development.  

In such cases where Vicarious Liability finds the parent or guardian negligent or in direct assistance to the tortious offenses of the minor, the court may revoke or intervene with guardianship.  

Thus  Vicarious Liability in domestic relations may have secondary consequences aside from the intended liability for compensation for torts committed by subordinates.

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