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::''This article is about vicarious liability in private litigation; for vicarious liability in criminal law, see Vicarious liability (criminal).'' Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – ''respondeat superior'' – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability. ==Employers' liability== Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omissions by their employees in the course of employment (sometimes referred to as 'scope of employment').〔(【引用サイトリンク】title=The Definitive Guide to Accident & Personal Injury Claims )〕 For an act to be considered within the course of employment, it must either be authorized or be so connected with an authorized act that it can be considered a mode, though an improper mode, of performing it. Courts sometimes distinguish between an employee's "detour" vs. "frolic". For instance, an employer will be held liable if it is shown that the employee had gone on a mere detour in carrying out their duties, whereas an employee acting in his or her own right rather than on the employer's business is undertaking a "frolic" and will not subject the employer to liability. Employer will be held liable if an employee does an authorized act in an unauthorized way Generally, an employer will not be held liable for assault or battery committed by employees, unless the use of force was part of their employment (such as a police officer), or they were in a field likely to create friction with persons they encountered (such as car re-possessors). However, the employer of an independent contractor is not held vicariously liable for the tortious acts of the contractor, unless the contractor injures someone to whom the employer owes a non-delegable duty of care, as when the employer is a school authority and the injured party a pupil. Employers are also liable under the common law principle represented in the Latin phrase, "''qui facit per alium facit per se''" (one who acts through another acts in one's own interests). That is a parallel concept to vicarious liability and strict liability, in which one person is held liable in criminal law or tort for the acts or omissions of another. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Vicarious liability」の詳細全文を読む スポンサード リンク
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