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§5.06 Tort Law—Vicarious Liability

Lesson 5: Tort & Contract Law

Vicarious liability is the liability of a person for the acts of others (e.g., respondeat superior, permissive use, nondelegable duty, etc.) when there is some special relationship or circumstance justifying the imposition of such liability. It is imputed strictly by operation of law regardless of fault.

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The rule of joint and several liability does not shield an employer who is vicariously liable under the doctrine of respondeat superior from liability for noneconomic damages. A vicariously liable employer’s liability for noneconomic damages is restricted to the percentage of fault allocated to the employee. [Miller v Stouffer (1992) 9 CA4th 70, 84–85.]

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