Multicultural Law Enforcement

In sexual agony literature the terms sometimes use in this discussion be secondary debt instrument and structural knowledge, where the former is treated as identical with straighten indebtedness and the latter is treated as identical with legal philosophy lord. vicarious financial obligation seems an appropriate term for characterizing nonindulgent liability in that in ordinary language it implies automated liability. Vicarious liability is a legal concept that labels in flat indebtedness for the level acts of others. The first individual does non manicipate or direct the act to be done, but because of a particular human relationship with the acting fellowship, the first party moldiness take responsibility for the acts of the other. The employer-employee relationship is subject to vicarious liability. An agency relationship must be established before the requirement that the harmful fount occurred within the scope of employment. some other component of this disc ussion involves c belessness principles within the law. When Police superior is employed in ascertain liability and the terms knew or should have cognise are used to characterize liability, the judgment of negligence on the part of the principal is included. When this occurs, the burden of proofread falls upon the plaintiff to dispute that the employer knew or should have known of the harmful action. Rehnquist set erupt agency principles as the sources for ascertain employer liability for sexual molestation cases.

Respondent superior is the cay principle in purpose employer liability; however, sexual harass ment cases have suggested the principal of ! unyielding liability may be applicable. Rehnquist remarks in conclusion that employers are not always mechanically liable,8 suggesting that he is free to consider a strict liability theory in employer liability, but that it could not be used solely as a rule to train employers liable. Rehnquist obviously felt in that respect may be a place for strict liability under the decline circumstances. From the... If you want to get a extensive essay, order it on our website: OrderCustomPaper.com

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