Vicarious Liability And The Master'S Indemnity

Vicarious liability for infringement

When is it proper to hold one person liable for the harm caused by the acts of another person? How should courts decide that? Let’s consider that in the context of manufacturers and disseminators of innovative products such as player-piano rolls, copiers, videocassette recorders (VCRs), TiVo, and Grokster. Each of these technological advances has challenged copyright law. Courts had to decide, ...

Vicarious Liability of Hospitals

Vicarious liability for anesthesiologists.

Vicarious liability for anesthesiologists In the recent effort to convince the Health Care Financing Administration (now known as Centers for Medicare and Medicaid Services) to let state legislators rather than a federal bureaucracy determine whether nurse anesthetists had to be supervised, anesthesiologists tried to obscure the fact that any administrator of anesthesia can sometimes have an un...

Bargaining Power, Judgement-Proofness, and the Impact of Vicarious Liability

In response to the judgement-proofness problem many countries consider the extension of liability for environmental damages to lenders to wealth-constrained, environmentally risky businesses. We analyze a simple model of vicarious liability and show that using the deep pockets of lenders for liability enhances safety only if the lender has high bargaining power when bargaining with a ̄rm about ...

Vicarious liability in private and public dental clinics.

A 25 year-old patient attended the clinic to have four teeth extracted under conscious sedation. Following a thorough examination and medical history it was found that she had a heart murmur. The dentist prescribed an antibiotic to be taken one hour prior to the dental treatment. The patient reported that she was allergic to penicillin and this was confirmed on her medical history chart. Conseq...