Secondary liability can be vicarious or contributory and is imposed on a third party who has legal liability for another’s tort. Vicarious liability is based on the relationship between the plaintiff and the third party, while contributory liability is based on the actions of the third party. The law requires a causal link between the consequences of one person’s wrongful actions and the nature and conduct of the relationship with the third party. Vicarious liability attaches through the right of agency, while contributory liability often arises in criminal proceedings through charges of aiding and abetting. The third party must have had actual or constructive knowledge of the tort for secondary liability to arise.
Secondary liability is imposed on a third party when they have some level of legal liability for the tort of another. Legal theories that make a third party liable apply if the party advocated, enabled, or benefited from the act. This type of attribution of responsibility can be vicarious or contributory. Vicarious liability is based on the nature of the relationship between the plaintiff and the third party. Contributory liability is based on the actions of the third party and his actual or constructive knowledge of the tort.
The basic legal principles make each person responsible for the consequences of their acts. To hold someone legally liable for another’s actions, the law requires that a relationship exists that can support a causal link between the consequences of one person’s wrongful actions and the nature and conduct of the relationship with the third party. For example, many people might say that parents are responsible for their young children’s actions. This relationship does not mean that a parent is strictly responsible for anything a child might think they are doing, but if the law determines that the parent knew or should have known about the consequences of the child’s actions, the parent could be held second liable. .
The law does not allow secondary liability lightly. It is serious business to hold a person who has not committed an act accountable for another person’s actions. This is why the law allows this type of liability to be associated with third parties only in certain circumstances. The two ways a party can be drawn into an action are through a theory of vicarious or contributory liability.
Vicarious liability is a type of secondary liability that attaches to individuals through the right of agency. Agency exists between people who have a boss-servant relationship, such as an employer and an employee. When an employee commits a wrongful act, the employer can be held liable if the court finds that the employee acted within the terms of her employment. For example, if a company’s delivery driver is involved in a car accident while making deliveries for his employer, the courts will likely allow the company to become involved in the lawsuit against the driver because he is indirectly responsible for the actions of his employers. employees working on behalf of the company.
Contributory liability is a type of secondary liability that often arises in criminal proceedings through charges of aiding and abetting another’s crime. If the judge ascertains that a third party has been assisted, empowered or benefited from the work of an offender, he can impose the same sanctions on the third party that he inflicts on the person who actually committed the crime. However, the third party must have had actual or constructive knowledge of the tort, for secondary liability to arise. This type of knowledge can be difficult to prove with the level of certainty necessary to support a finding of guilt.
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