Multicultural Law Enforcement

In sexual agony literature the terms sometimes use in this discussion be secondary responsibility and structural knowledge, where the former is treated as identical with inflexible indebtedness and the latter is treated as identical with police force excellent. vicarious financial obligation seems an appropriate term for characterizing rigid liability in that in ordinary language it implies mechanical liability. Vicarious liability is a legal concept that labels in flat indebtedness for the level acts of others. The first individual does non manicipate or direct the act to be done, but because of a particular human relationship with the acting party, the first party moldiness take responsibility for the acts of the other. The employer-employee relationship is subject to vicarious liability. An agency relationship must be established sooner the requirement that the harmful fount occurred within the scope of employment. some other component of this discussion inv olves c belessness principles within the law. When Police superior is employed in ascertain liability and the terms knew or should have cognise are used to characterize liability, the conceit of negligence on the part of the principal is included. When this occurs, the burden of demonstration falls upon the plaintiff to dispute that the employer knew or should have known of the harmful action. Rehnquist set erupt agency principles as the sources for determine employer liability for sexual badgering cases.

Respondent superior is the key fruit principle in purpose employer liability; however, sexual harassment c ases have suggested the principal of fixed ! liability may be applicable. Rehnquist remarks in conclusion that employers are not always mechanically liable,8 suggesting that he is free to consider a strict liability theory in employer liability, but that it could not be used solely as a rule to declare employers liable. Rehnquist obviously felt in that respect may be a place for strict liability under the right field circumstances. From the... If you want to get a extensive essay, order it on our website: BestEssayCheap.com

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