Jul 19, 2017

What does pretermitting mean? Does it apply to this case?

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 Assignment Module 3: Vicarious Liability


Case Assignment

This module provided some insight into the doctrines of vicarious and corporate liability. These are both just as serious as employee negligence. In fact, in most cases, the organization is named with along side the employee in a negligence lawsuit. This is not a new phenomenon as highlighted in the case "Norton v. Argonaut Insurance Co". These events occured in 1959. For this assignment, please read the case and appeal (http://www.leagle.com.) After reading the case, please answer the following questions:

Briefly discuss the terms vicarious liability and corporate liability.

Identify the various mistakes in the case and indicate which type of liability might result.

As the facility administrator, chief of staff, or chief of nursing, what steps would you take to prevent this from happening again?

This case happened over 50 years ago. What safeguards are in place today to prevent these types of mistakes?

What does pretermitting mean? Does it apply to this case?

Assignment Expectations

Be sure to apply critical thinking skills from your analysis of the current literature on the above topics;

Limit your paper to 3 pages (double-spaced, 10-12 point font), not including title page and list of references;

Please use at least 3-5 scholarly sources. Please be sure to properly cite all references both within the text (at the end of paraphrased paragraphs) and at the end of your paper. I will grade your paper on your ability to address the assignment criteria listed above with depth and breadth of discussion. I will also critique your writing format (i.e. proper reference citations, spacing, etc.).


Title: Name of Student: Institution: Date of Submission: Introduction The meaning of vicarious liability can be understood in the context of for example, an employer being liable for the mistakes of his or her employees. There has to be a relationship of employer and employee for one party to be held liable for the mistakes of his or her employee. As such, the employee must have been acting, at the time of the mistake, within the scope of that employee’s job description. The employer cannot be held liable for the employee’s mistakes if the employee was just on his or her own errands. On the other hand, corporate liability is the liability of corporate bodies for instance companies or partnerships among other registered firms, for the mistakes or debts caused by their employees. The same rationale for separating a company which is not a natural person from its natural persons is the manner in which an employer is separated from his or her employee’s mistakes by the virtue of not being an employee if there is no such relationship. As such, the employee must have


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