CELE SQE

CELE SQE1 模拟练习

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Sarah is a manager at GreenTech Ltd and was recently involved in a case where one of her employees, Tom, caused damage to a client's property while performing his job duties. Sarah is unsure about the situations where the doctrine of vicarious liability applies.

Which of the following statements best describes the situations where the doctrine of vicarious liability applies, if at all?

A. The doctrine of vicarious liability may apply when there is a relationship of principal and agent.

B. The doctrine of vicarious liability may apply when there is a partnership relationship.

C. The doctrine of vicarious liability may apply when there is a relationship of employer and employee.

D. The doctrine of vicarious liability may apply when there is a relationship of principal and agent, a partnership relationship, and a relationship of employer and employee.

E. The doctrine of vicarious liability applies when there is a relationship of employer and employee and in exceptional circumstances where there is a partnership relationship.

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The doctrine of vicarious liability in tort law holds one party liable for the actions of another party. This typically applies in relationships where one party has control or a significant degree of influence over the other. Vicarious liability most commonly arises in the context of employer-employee relationships, but it also applies to relationships of principal and agent, and between partners in a partnership. This doctrine reflects the principle that those who benefit from certain activities should also bear the risks of those activities. Therefore, Option D is correct as it encompasses all the primary relationships where vicarious liability can apply.

Key Point: Vicarious liability applies in various relationships where one party can be held liable for the actions of another, including employer-employee, principal-agent, and partnerships. This principle ensures accountability and aligns with the distribution of risks and benefits within these relationships.

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Tort LawUnit 3Chapter 10

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