Special Education. What Is Vicarious Liability And How Does It Affect An Employee?
Special Education. In Relation To A Employer/employee Relationship What Is "common Law" Vicarious Liability? Let Me Break Down The Terms For You A Bi
Special Education : What Is Vicarious Liability And How Does It Affect An Employee
In relation to a employer/employee relationship what is "common law" vicarious liability? ~~~ David C ~~~
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Answer 2Let me break down the terms for you a bit. Vicarious liability is when an employer is responsible for the actions of his or her employee while on the job and/or while doing work-related actions. In most areas, for example, this is anything done while at work, and often doesn't have to be specifically in your job description, though some states have different limitations on what "counts" as something you have done that your employer must pay someone for, if they sue you. Since you're in education, the school district often is vicariously liable for what its teachers do, though often teachers are sued as individuals as well. This is where the phrase "common law" comes in. . law has two major avenues: laws and the common law. Laws are your traditional statutes and ordinances and come from specific things that are written about "clearly" like "No ; When you break a law, your lawyer will probably argue that you didn't do it and/or argue that the term "littering" is too vague. Common law, on the other hand, is made up law. Historically, judges used to do whatever they wanted, and each judge decided a case as if he'd never heard anything before like it, and each judge decided things differently, until Henry II of England figured out this practice was stupid (and unfair), so he ordered judges to collect their "opinions" and write out what the facts of the case were and what the judgment was. That way, judges could look up what other judges had done before and do the same thing. This body of law which is made up from other judges is the "common ; Judges MUST listen to all judges above them, and this means that all judges in this country listen to the Supreme Court of the . and state court judges "bind" the lower courts in their jurisdiction (and so on). What this means for vicarious liability is this: Vicarious liability is, like most "tort" law, state-governed. States are the ones who decide what applies and what does not. Your state must not have any statutes that have limited vicarious liability (which is not uncommon), so it is all "common law;" in other words, a lawyer has to look back to other decisions to find out what the law is regarding the limitations for vicarious liability in your state. This research isn't impossible to do for the common person, but lawyers have software (and books) that make it easier for them to research than the average person. I hope this helps.
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