Multicultural Law Enforcement

In sexual agony literature the terms sometimes use in this discussion be vicarious contract and structural knowledge, where the former is treated as identical with unbending indebtedness and the latter is treated as identical with natural law weapons-grade. vicarious financial obligation seems an appropriate term for characterizing unyielding liability in that in ordinary language it implies automatic pistol 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 ships company, 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. another(prenominal) component of this discussion 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 mentation of negligence on the part of the principal is included. When this occurs, the burden of validation 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 torture cases.

Respondent superior is the fundamental principle in purpose employer liability; howe ver, sexual harassment cases have suggested ! the principal of unyielding liability may be applicable. Rehnquist remarks in conclusion that employers are not always automatically 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 delay employers liable. Rehnquist obviously felt in that respect may be a place for strict liability under the skilful circumstances. From the... If you want to get a extensive essay, order it on our website: OrderCustomPaper.com

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