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Vicarious Agreement Meaning

Enforcement liability is a form of strict and secondary liability arising from the common doctrine of the capacity for action, the response of the hierarchical superior, the responsibility of the hierarchical superior in the acts of his subordinate or, more broadly, the responsibility of a third party who had the “right, capacity or duty to control the activities of an offender”. It is different from contributory liability, another form of secondary liability, rooted in the theory of the indibility of corporate liability, since knowledge is not an element of auxiliary liability, unlike contributory injuries. [1] The law has developed the view that some relationships inherently require that the person who engages others take responsibility for the fault of those others. The most important relationship for practical purposes is that of employers and workers. [2] For these reasons, the employer is strictly liable for the unlawful acts of the worker when he justifies the liability of an auxiliary of execution. The employer`s intention is not relevant for the assessment of the liability of the enforcement assistant as soon as the worker`s liability is established. is therefore jointly and severally liable with the employer. The independent contractor is not liable by proxy, but is nevertheless liable. The express agency is concluded either by an oral agreement or in writing between the client and the intermediary.

It indicates their explicit intention for this representative status. In the real estate sector, an agency is normally created either by a written contract with a seller or by a buyer`s agency contract with a buyer.