Editing Vicarious liability (section)

{{Short description|Extended liability to parties that had to control violators}}
{{about|vicarious liability in private litigation|vicarious liability in criminal law|Vicarious liability (criminal)}}
{{Globalize|datea=August 2011|date=December 2016}}
{{TortLaw}}

'''Vicarious liability''' is a form of a  [[strict liability|strict]], [[secondary liability]] that arises under the [[common law]] doctrine of [[agency (law)|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]] because, unlike contributory infringement, knowledge is not an element of vicarious liability.<ref>{{cite web|title=Religious Tech. Center v. Netcom On-Line Comm., 907 F. Supp. 1361 (N.D. Cal 1995)|url=https://scholar.google.com/scholar_case?case=2398297825525410597|website=Google Scholar|access-date=6 September 2017}} citing 3 Nimmer on Copyrihgt § 12.04(A)(1), at 12-70 (1995)</ref> The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.<ref>{{Cite book|title=Torts in Ireland|last=Quill|first=Eoin|publisher=Gill & Macmillan|year=2014|location=Dublin 12|pages=506}}</ref>