What Is the Controlling Law, Testimony and Liability Research Paper - 3

What Is the Controlling Law, Testimony and Liability - Research Paper Example As an initial matter, vicarious liability refers to a type of liability that results from the commission of negligent acts or criminal acts committed by one or more persons that are, by law, thereafter shared or assigned to another person or other persons. (Hill v. McQueen, 1951: 484-485). Significantly, this liability via attribution is imposed vertically; more specifically, a person is subject to liability when a person or persons under its control cause some type of injury through negligent behavior, reckless behavior, or intentional behavior. In this case, Tex and Rex were sponsored by the resort and this sponsorship was made known to potential customers. In addition, the injuries sustained resulted from the negligence, and perhaps, reckless disregard of the resort’s agents, Tex and Rex. They knew, for example, that Molly had certain potentially hazardous inclinations; they knew that the injured party was ignorant when it came to horses; and finally, as experienced stable hands, they knew that injuries could result from placing inexperienced riders on such a horse. The resort might argue that Tex and Rex acted in excess of their duties or authority; however, an important principle of vicarious liability holds that â€Å"An employer may be held responsible for the tort committed by the employee where the act is incidental to and done in furtherance of the business of the employer even though the servant or agent acted in excess of the authority or willfully or maliciously committed the wrong† (Ada-Konawa Bridge Co. v. Cargo, 1932: 7). The plaintiffs, as a result, should not be deterred by allegations that Tex and Rex acted in excess of their authority because this type of liability can still vest and include the resort as a responsible party.