
Law School Tort law: Economic torts - Vicarious liability + Last clear chance + Neutral reportage + + eggshell rule
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.
The last clear chance doctrine of tort law, is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable.
Neutral reportage is a common law defense against libel and defamation lawsuits usually involving the media republishing unproven accusations about public figures. It is a limited exception to the common law rule that one who repeats a defamatory statement is just as guilty as the first person who published it.
Defendants using the defense can claim that they are not implying the offending statement is true but simply reporting, in a neutral manner, that the potentially libelous statements were made, even if they doubt the accuracy of the statement. For the defense to succeed, it is almost always required for the reporting to be unbiased and in the public interest.
The eggshell rule (also thin skull rule or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.
