RMIN 5100S Chapter Notes - Chapter 4: Firestone Tire And Rubber Company, Vicarious Liability, Environmental Policy

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Chapter 4
1) Legal Liability: Contracts
a) Hold Harmless and Indemnification Agreements assume legal liability for
another’s liability
i) If party A agrees to hold harmless and/or indemnify Party B, then Party A
has assumed a Contractual Liability (this is typically insurable, but you
need to notify your insurer)
ii) Pharma needed the film on the outside of the capsule even if it was
dangerous, so agreed to not sue the other company if they got sued (hold
harmless)
iii) Ford and Firestone tires hold harmless and agree to indemnify (pay for
losses if other gets sued)
b) Vicarious Liability you can be held responsible for the acts of others
i) Agencies work for principal and principal is responsible for agent’s acts
ii) Partnerships can be responsible for your partner (Doctor, lawyer; if one
messes up the whole firm can be responsible)
iii) Respondent Superior let the employer speak, employer responsible for
acts of employees while employee is acting in the scope of business
(1) Ex: Penn State is responsible for actions of Jerry Sandusky because
they should have known, he was an employee and acted on the job by
using his position and facilities (would have been different if it was a
random little league)
iv) Joint and Several Liability multiple defendants may be in a case; radio
station had to pay for all victims in the fire at the night club because they
were the only ones that could afford it (even though they were only
partially liable)
c) Environmental Law about pollution can have joint and several here, you
just own a property you don’t pollute it, ice cream store that used to be a gas
station you have to fix it, CGL excludes environmental policy anyway
2) Statutes laws written by state/federal or ordinances)
a) Workers Comp
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