VICARIOUS LIABILITY

Vicarious Liability on Employers



Vicarious Liability on Employers

Introduction

Vicarious liability is 1) right to recover the debt from another unearned responsible person if the first person cannot make it, and 2) the additional responsibilities imposed on the members, for example, a general partnership, jointly and severally responsible, under conditions where the main defendant is unable to pay the debt. Vicarious liability is complementary to the responsibility which is the main offender to the victim. It is designed to complement its responsibility, strengthening the protection of the interests of the victim.

Normative Regulation

The rules of vicarious liability referred to in Article 399 of the Civil Code. A case of vicarious liability provided for in the Civil Code more than 15 articles. By the law of subsidiarily answer: the obligations of the state enterprise - the Russian Federation (Article 115 CC), the obligations of institutions - its owner (Art. 120 CC), the obligations of the cooperative production - its members (Section 2, Art. 107 (CC)). Other cases of vicarious liability are provided for Art. Art. 56, 68, 75, 95, 105, 363, 586, 1029 CC. Civil Code is not the only legal act which provides for vicarious liability. It is also enshrined in a number of laws and regulations (Harger, 2010).

For example,

Regional offices and other registered structural subdivisions of political parties liable for their obligations under their possession of property. In case of insufficiency of the property subsidiary liable for the obligations of the regional branch or other registered structural subdivisions of a political party is a political party.

The constituent documents of a professional association should be established to implement its obligation under this federal law of compensation, and for members of professional associations - their vicarious liability for the obligations of the relevant professional association.

Persons who have signed the prospectus, if they were at fault are jointly and severally liable for the subsidiary damage caused to the owner by the issuer of the securities as a result of the information contained in this Prospectus misleading, incomplete and / or misleading information, the investor, they confirmed.

Self-regulatory organisation within the compensation fund self-regulatory organisation shall bear subsidiary liability for obligations of its members, which have arisen as a result of injury, in the cases provided for in Article 60 of this Code.

Institution of the Russian Academy of Agricultural Sciences is responsible for its liabilities in cash and property purchased by them from the funds received from ...