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Accountability of public authorities through contextualized determinations of vicarious liability and non-delegable duties.
- Article from:
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University of New Brunswick Law Journal
- Article date:
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November 1, 2007
- Author:
- Adjin-Tettey, Elizabeth
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Copyright informationCOPYRIGHT 2007 University of New Brunswick Law Journal. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
This paper focuses on those persons who suffer injuries from another's performance of contracted government services and whom may not have access to effective remedies because of narrow and de-contextualized constructions of when vicarious liability and breach of non-delegable duties arise. The need to protect such victims is becoming increasingly desperate given the growing reliance on non-standard (outsourced) employees to fulfil governmental functions. Non-standard workers are not classified as employees. Hence, the employer is not vicariously liable for the torts of non-standard workers unless the delegated work entails non-delegable duties. Yet, many of ...
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Congress nears action on vicarious liability bill.(News)
Automotive News;
May 30, 2005 ;
Stoffer, Harry;
407 words
......solving their problems with vicarious liability. Congress is near final...legal concept is known as vicarious liability. Sixteen states, including...California and New York, have vicarious liability laws. Several of those...
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Feds bar vicarious liability lawsuits.(News)
Automotive News;
August 8, 2005 ;
Stoffer, Harry;
410 words
......The new federal highway bill bars vicarious liability lawsuits nationwide. President Bush...measure Wednesday, Aug. 10. Under vicarious liability, a person who is hurt in a crash...16 states recognize some form of vicarious liability. The industry, including automakers...
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U.K. employers face vicarious liability for workplace bullies.(World)
Business Insurance;
July 24, 2006 ;
Gardner, Jonathan;
669 words
......the case, saying the principle of vicarious liability did not apply under the harassment...lawsuits. The House of Lords disagreed. Vicarious liability arises only if the new wrong is...which an employer is exempt from vicarious liability. It is true that this new wrong...
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LAW EASES AUTO LEASING; PROVISION IN FEDERAL TRANSPORTATION BILL...
The Post-Standard (Syracuse, NY);
August 10, 2005 ;
275 words
......Illinois, he will wipe out New York's vicarious liability law and do what the state has been...R-Missouri, that eliminates the 1924 vicarious liability law in New York and similar laws...leasing vehicles in New York and other vicarious liability states because the law said the...
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GMAC may pull leases from 3 states; Vicarious liability is cited as...
Automotive News;
January 20, 2003 ;
377 words
......unless those states change their vicarious liability laws. As an interim step, GMAC raised...The cost is passed to consumers. Vicarious liability means that an accident victim can...companies have been lobbying against vicarious liability for at least a decade. Vicarious...
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Managing vicarious liability.
M2 Presswire;
May 28, 2002 ;
297 words
......May 2002-UK Government: Managing vicarious liability (C)1994-2002 M2 COMMUNICATIONS LTD...forbidden them. This is known as vicarious liability . The Charity Commission today publishes...this area of the law for trustees. Vicarious liability of a charity or its trustees is...
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Renting, Leasing Group Seeks to Cut 'Vicarious Liability' Awards
Transport Topics;
January 19, 2004 ;
Wlazlowski, Tiffany;
506 words
......damages awarded in what he called "vicarious liability" judgments. "We've been effective...federal pre-emption." Vroom said that vicarious liability insurance laws allow the owner of...commercial vehicles in states where vicarious liability laws are on the books. Through last...
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vicarious liability
A Dictionary of Law;
ELIZABETH A. MARTIN;
381 words
...vicarious liability (vicarious responsibility) Legal...The purpose of the doctrine of vicarious liability is to ensure that an employer...his business operations. His vicarious liability, however, is in addition to the...
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NY on wrong road with liability.(Viewpoint, vicarious liability)
Crain's New York Business;
April 5, 2004 ;
405 words
......legal doctrine known as unlimited vicarious liability. Late last month, New Yorkers learned...that primarily benefit lawyers. Vicarious liability holds the owner of a car liable...Trial lawyers and their clients use vicarious liability to play the litigation lottery game...
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Bill 18: Are Renters Covered for Vicarious Liability?
Canadian Underwriter;
May 1, 2006 ;
MacKenzie, Ann;
787 words
......because of a legal concept known as 'vicarious liability.' Vicarious liability arises when a person has control or...arrangements such as with banks. The vicarious liability problem facing leasing and rental companies...
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Bank raises leasing fees; J.P. Morgan's auto unit aims to cover vicarious...
Crain's New York Business;
December 16, 2002 ;
Henry, Jim;
241 words
......insurance premiums for so-called ``vicarious liability,'' the bank said, in a notice to dealers. Vicarious liability means that the person or company...judgment in that state under vicarious liability in August. Pending a possible...
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Pump it up; Finance companies are expanding incentives on balloon loans to...
Automotive News;
March 31, 2003 ;
764 words
......Why the emphasis on balloon loans? Vicarious liability laws, which say lessors can be forced...automotive leasing business because of vicarious liability laws. One big drawback of a balloon...argue, is for states to change their vicarious liability laws. Leasing long has been a ...
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It's not over yet; N.Y. judge finds federal vicarious liability ban...
Automotive News;
November 13, 2006 ;
Kurylko, Diana T.;
565 words
......for damages under the state's vicarious liability law. The judge said that a federal ban on vicarious liability - attached to a giant federal...vehicle titles. Everyone thought vicarious liability was dead,'' says Kenneth Rojc...
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Automobile leasing and the vicarious liability of lessors.(New York)
Fordham Urban Law Journal;
May 1, 2005 ;
Koevary, Daniel J.;
787 words
......1920s New York law that creates vicarious liability for car owners. (2) The statute...recent years. Part II analyzes how vicarious liability is justified in general, focusing...relationships. It further explores how vicarious liability can generally help to minimize the...
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Motor Vehicle Leasing and Vicarious Liability-An Update for Lessors
ELT;
May 1, 2006 ;
Anonymous;
787 words
......jurisdictions. Recent developments in "vicarious liability" laws in the province of Ontario...benefiting motor vehicle lessors. Under vicarious liability laws a lessor of motor vehicles...caused by a lessee in an accident. Vicarious liability does not require the lessor to have...
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