Negligence Flashcards
Def: Vicarious liability
Rule of law that imposed strict liability on employers for the wrong doings of their employees
Def: Tortious liability
Arises from breach of duty fixed by law (someone commits wrong against another person)
Def: Res ipsa loquitur
[rayz ip suh lok wi tuh]
An argument by the claimant that “the facts speak for themselves” - this shifts the burden of proof on to the defendant
Def: contractual liability
Means one business agrees to pay for any losses or damages
Def: Fiduciary relationship
A relationship in which one party (the fiduciary) is placed in a position of trust and confidence in relation to another party and acts on their behalf or in their interests
What’s the limitation period of a tortious act?
6 years
What may arise when advise is given in performance of contract
Contractual liability
What may arise when there is no contract of fiduciary relationship?
Tortious liability
What is the standard of care owed while in training
That of a qualified individual
Is a duty only owed when the accounts are used as intended?
Yes
Does vicarious liability apply to contractors?
No
