Fraud Liability Under Agency Principles: a New Approach
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What's Reasonable?: Self-Defense and Mistake in Criminal and Tort
Do Not Delete 12/15/2010 10:20 PM WHAT’S REASONABLE?: SELF-DEFENSE AND MISTAKE IN CRIMINAL AND TORT LAW by Caroline Forell∗ In this Article, Professor Forell examines the criminal and tort mistake- as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on the different purposes that tort and criminal law serve, Professor Forell explains why in self-defense cases criminal law should retain the reasonable mistake standard while tort law should move to a strict liability with comparative fault standard. I. INTRODUCTION ....................................................................... 1402 II. THE LAW OF SELF-DEFENSE ................................................... 1403 III. THE PEAIRS MISTAKE CASES .................................................. 1406 A. The Peairs Facts ..................................................................... 1408 B. The Criminal Case .................................................................. 1409 1. The Applicable Law ........................................................... 1409 -
Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections Michael Harper Boston University School of Law
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 11-13-2017 Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections Michael Harper Boston University School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Common Law Commons, and the Labor and Employment Law Commons Recommended Citation Michael Harper, Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits na d Protections, Boston University School of Law, Public Law Research Paper Series (2017). Available at: https://scholarship.law.bu.edu/faculty_scholarship/286 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. USING THE ANGLO‐AMERICAN RESPONDEAT SUPERIOR PRINCIPLE TO ASSIGN RESPONSIBILITY FOR WORKER STATUTORY BENEFITS AND PROTECTIONS Michael C. Harper* Introduction The common law remains an intellectual battle ground in Anglo‐ American legal systems, even in the current age of statutes. This is true in significant part because the common law provides legitimacy for arguments actually based on policy, ideology, and interest. It also is true because of the common law’s malleability and related susceptibility to significantly varied interpretations. Mere contention over the meaning of the common law to provide legitimacy for modern statutes is usually not productive of sensible policy, however. It generally produces no more than reified doctrine unsuited for problems the common law was not framed to solve. -
Contractual Confusion—Assuming the Liability of Others
Contractual Confusion—Assuming the Liability of Others July 2009 by Craig F. Stanovich It is not surprising, then, if we become easily confused and "misremember" how contractual liability insurance works. For many, the subtleties of this rather arcane topic simply cannot be gleaned from the superficial and infrequent contacts we have with it; for others, it may not rank high on the excitement meter. Either way, what follows is intended to assist in understanding contractual liability insurance by thrashing out some concepts and offering some observations you may find helpful. Basis of Liability Liability can be imposed by law or by contract. You can also assume the liability of another. These are discussed below. Liability Imposed by Law The law can impose liability on us for our own actions . If we are negligent, we are personally liable for the damages that result. We can also be held liable for the actions of others . For example, if our employee is negligent while acting in the scope of employment, not only is the employee personally liable, we are also liable solely because we are the employer. Our liability is based entirely on our relationship with our employee. Assigning liability to an otherwise blameless party (the employer did nothing wrong) for the acts of another (our employee was negligent) is called "vicarious" liability and is also liability imposed by law. Although these concepts are generally well understood, both are worth repeating—to establish a baseline of comprehension and also to use as a point of comparison to help gain insight into contractual liability. -
Implied Consent Refusal Impact
L1 U.S. Department of Transportation National Highway Traffic Safety Administration * DOT HS 807 765 September 1991 Final Report Implied Consent Refusal Impact This document is available to the public from the National Technical Information Service, Springfield, Virginia 22161. * t The United States Government does not endorse products or manufactures. Trade or manufacturer's names appear only because they are considered essential to the object of this report. 0 Technical Report Documentation Page 1. Report No. 2. Government Accessiar No. 3. Recipient's Catalog No. DOT HS 807 765 4. Title end Subtitle S. Report Date September 1991 Implied Consent Refusal Impact 6. Per(onting Orgonization Code .t 0. Performing Organization Report No. 7. Author's) Ralph K. Jones, Hans C. Joksch, Connie H. Wiliszowski 9. Performing Organization Name and Address 10. Work Unit No. (TRAIS) Mid-America Research Institute , Inc . 11. Contract or Grant No. Winchester, Massachusetts 01890 DTNH22-89-C-07008 13. Type of Report and Period Covered 12. Sponsoring Agency Nose and Address Final Report U.S. Department of Transportation May 1989 - July 1991 National H i ghway Traffic Safety Administration 14. Sponsoring Agency Code Washington, D.C. 20590 15. Supplementary Notes 16. Abstract Examines the extent to which persons suspected of DWI refuse to take a chemical test as required by law. Describes implied consent laws in 50 states, analyzes the relation of law features to refusal rate, and analyzes the characteristics of test refusers in four states. Concludes that there is a potential test-refusal problem in the U.S. to the extent that 2% to 71% of drivers arrested for DWI in 1987 refused to take a chemical test. -
Vicarious Liability Vs Principal's Liability
Vicarious liability vs Principal’s liability When undertaking any construction project Principal Unless the risk profile of the project dictates otherwise, clients need to carefully assess whether their potential most of the time the contractor would arrange public liabilities arising out of the project are adequately covered liability insurance for small to medium sized projects to by insurance. This paper discusses the insurance options cover the insured parties’ legal liability to third parties, available to principals, potential uninsured exposures arising out of the performance of the contract works. certain insurance options can leave and the steps principals Contractors would typically already have an annual general may need to take to fill these exposure gaps. liability policy which can be relied upon. For major projects, it is likely that the suite of insurance Unless the risk profile of the project dictates otherwise, covers will be arranged either under an owner/principal most small to medium projects allow the contractor to controlled insurance programme or a contractor arrange public liability insurance. This typically means controlled insurance programme. However, for small to that the contractor will rely on their annual public liability medium projects, insurance responsibilities are often policy and the principal can be included as an “additional shared between the parties and cover is placed by those insured” (for their vicarious liability only) arising out of considered best suited to arrange and manage the relevant the performance of the contract works by the contractor. covers. In the situation where a contractor arranges public Despite having liability insurance, principals will need to assess the level of this cover in place, coverage available, and to consider what exposures may there are a number There are a number of other still exist that are not contractually required to be covered of other liabilities liabilities a principal could face by the contractor’s policy. -
School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official Or Public Figure
Cleveland State Law Review Volume 48 Issue 1 Symposium: Re-Orienting Law and Article 16 Sexuality 2000 School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official or Public Figure Andrew L. Turscak Jr. Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the First Amendment Commons, and the Torts Commons How does access to this work benefit ou?y Let us know! Recommended Citation Note, School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official or Public Figure, 48 Clev. St. L. Rev. 169 (2000) This Note is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. SCHOOL PRINCIPALS AND NEW YORK TIMES: OHIO’S NARROW READING OF WHO IS A PUBLIC OFFICIAL OR PUBLIC FIGURE I. INTRODUCTION .................................................................... 169 II. THE NEW YORK TIMES RULE .............................................. 170 A. Who is a Public Official?............................................. 172 B. Who is a Public Figure?.............................................. 174 III. EAST CANTON EDUCATION ASSOCIATION V. MCINTOSH..... 175 A. Background.................................................................. 175 B. Procedural History ...................................................... 176 IV. IS A SCHOOL PRINCIPAL A PUBLIC OFFICIAL -
Musharakah Agreement
Ref No: _____________ Musharakah Agreement THIS WAKALAH AGREEMENT is made on the day and year stated in Section 1 of the First Schedule, BETWEEN Name: ____________________________________________ Passport Number: ______________________ Country of Passport: __________________ Investor Type: ____________________ and includes his/her successors in title, heirs, personal representatives and permitted assigns (hereinafter referred to as the “Investor”) AND PT Esensi Prima Cipta ,Indonesia. (hereinafter referred to as the “Developer”). Each Investor and Developer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” WHEREAS, the Investor desires to participate in the Project on a profit and loss sharing basis by providing the Developer with the Commitment Amount in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Developer desires to participate in the Project on a profit and loss sharing basis by providing capital and by managing the Commitment Amount of the Investor in accordance with the terms and conditions set forth in this Agreement. NOW IT IS HEREBY AGREED as follows: 1. DEFINITIONS In this Agreement the following words and expressions shall, save where the context otherwise requires, have the following meanings: : The amount that the Investor has agreed to contribute in Commitment Amount the Project as described in Section 4 of the Appendix; PT Ethis Modal Indonesia Company : PT Esensi Prima Cipta (“Developer”); Developer : Indonesian Rupiah; IDR Unless -
The Boundaries of Vicarious Liability: an Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Alan O. Sykes, "The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines," 101 Harvard Law Review 563 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 101 JANUARY 1988 NUMBER 3 HARVARD LAW REVIEW1 ARTICLES THE BOUNDARIES OF VICARIOUS LIABILITY: AN ECONOMIC ANALYSIS OF THE SCOPE OF EMPLOYMENT RULE AND RELATED LEGAL DOCTRINES Alan 0. Sykes* 441TICARIOUS liability" may be defined as the imposition of lia- V bility upon one party for a wrong committed by another party.1 One of its most common forms is the imposition of liability on an employer for the wrong of an employee or agent. The imposition of vicarious liability usually depends in part upon the nature of the activity in which the wrong arises. For example, if an employee (or "servant") commits a tort within the ordinary course of business, the employer (or "master") normally incurs vicarious lia- bility under principles of respondeat superior. If the tort arises outside the "scope of employment," however, the employer does not incur liability, absent special circumstances. -
Bad Agent, Good Citizen?
BAD AGENT, GOOD CITIZEN? Claire Hill,* Brett McDonnell** & Aaron Stenz*** INTRODUCTION Lawyers are agents for their principals—their clients.1 The Restatement (Third) of Agency sets forth an agent’s duty: “[A]n agent has a fiduciary duty to act loyally for the principal’s benefit in all matters connected with the agency relationship.”2 A good agent is a loyal agent. The Restatement also sets forth several important components of the duty: “An agent has a duty not to acquire a material benefit from a third party in connection with transactions conducted or other actions taken on behalf of the principal or otherwise through the agent’s use of the agent’s position.”3 Further, “[a]n agent has a duty not to deal with the principal as or on behalf of an adverse party in a transaction connected with the agency relationship.”4 A lawyer who violates these duties is a bad agent, in breach of her fiduciary duty of loyalty to her principal.5 Lawyers also have professional obligations to the broader society. Notably, they cannot help their clients commit crimes, nor can they be party to their client’s concealment of crimes.6 Even consistent with those obligations, and certainly in gray areas (such as avoiding inconvenient knowledge),7 whether they are being good agents or bad agents for their clients, lawyers can help—or harm—the broader society.8 * Professor and James L. Krusemark Chair in Law, University of Minnesota Law School. ** Dorsey & Whitney Chair in Law, University of Minnesota Law School *** J.D. Candidate, 2020, University of Minnesota Law School, This Article was prepared for the Colloquium on Corporate Lawyers, hosted by the Fordham Law Review and the Stein Center for Law and Ethics on October 11, 2019, at Fordham University School of Law. -
Chapter 8 Liability Based on Agency and Respondeat Superior A. Definitions
CHAPTER 8 LIABILITY BASED ON AGENCY AND RESPONDEAT SUPERIOR A. DEFINITIONS 8:1 Agency Relationship — Defined 8:2 Disclosed or Unidentified Principal — Defined 8:3 Undisclosed Principal — Defined 8:4 Employer and Employee — Defined 8:5 Independent Contractor — Definition 8:6 Loaned Employee 8:7 Loaned Employee ― Determination 8:8 Scope of Employment of Employee — Defined 8:9 Scope of Authority of Agent — Defined 8:9A Actual Authority 8:9B Express Authority 8:10 Incidental Authority — Defined 8:11 Implied Authority — Defined 8:12 Apparent Authority (Agency by Estoppel) — Definition and Effect 8:13 Scope of Authority or Employment — Departure 8:14 Ratification — Definition and Effect 8:15 Knowledge of Agent Imputable to Principal 8:16 Termination of Agent’s Authority 8:17 Termination of Agent’s Authority — Notice to Third Parties B. LIABILITY ARISING FROM AGENCY AND RESPONDEAT SUPERIOR 8:18 Principal and Agent or Employer and Employee — Both Parties Sued — Issue as to Relationship and Scope of Authority or Employment — Acts of Agent or Employee as Acts of Principal or Employer 8:19 Principal and Agent or Employer and Employee — Only Principal or Employer Sued — No Issue as to Relationship — Acts of Agent or Employee as Acts of Principal or Employer 8:20 Principal and Agent or Employer and Employee — Only Principal or Employer Sued — Issue as to Relationship and/or Scope of Authority or Employment — Acts of Agent or Employee as Acts of Principal or Employer 8:21 Principal and Agent or Employer and Employee — Both Parties Sued — Liability of Principal or Employer When No Issue as to Relationship or Scope of Authority or Employment 8:22 Principal and Agent or Employer and Employee — Both Parties Sued — Liability When Issue as to Relationship and/or Scope of Authority or Employment 8:23 Act of Corporate Officer or Employee as Act of Corporation 2 A. -
Vicarious Liability Critique and Reform
Vicarious Liability Critique and Reform Anthony Gray HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 Copyright © Anthony Gray , 2018 Anthony Gray has asserted his right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Author of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication data Names: Gray, Anthony (Law teacher) Title: Vicarious liability : critique and reform / Anthony Gray. -
Government Responsibility for Constitutional Torts Christina B
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1986 Government Responsibility for Constitutional Torts Christina B. Whitman University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/328 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Common Law Commons, Constitutional Law Commons, Supreme Court of the United States Commons, and the Torts Commons Recommended Citation Whitman, Christina B. "Government Responsibility for Constitutional Torts." Mich. L. Rev. 85 (1986): 225-76. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. GOVERNMENT RESPONSIBILITY FOR CONSTITUTIONAL TORTS Christina B. Whitman* This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurispru- dence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to insti- tutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to de- scribe the wrong as the consequence of individual behavior that is in- consistent with community norms; the language of common-law tort, which refers explicitly to those norms, has seemed to provide a useful starting point for evaluating that behavior.3 When the defendant is an institution, the language of tort provides no such ground because tra- * Professor of Law, University of Michigan.