Übersetzung für "Vicarious liability" in Deutsch

Vicarious liability applies to discrimination, harassment, and accidents.

Vicarious liability for the obligations of the state budgetary organizations eliminated.

So far, however, case-law has not established a vicarious liability of a parent company for the actions of its subsidiaries.

Vicarious criminal liability for acts or omissions should not be imposed to other parties than the ones actually committing them (e.g. in cases of navigation error) unless it can be shown that their acts or omissions contributed to fault by the defendant.

Therefore such actions do not demonstrate the existence of a general principle of vicarious liability of a parent company for its subsidiaries, a principle which would be contrary to the principle of the limitation of a shareholder’s liability to the initial contribution made to the company, apart from cases where the company is a fictitious entity or where its assets are inseparable form those of its parent company, which can be ruled out here.

This obstacle seems to be so critical that three has recently been debate in France on the advisability of a reform of the Civil Code which would extend vicarious liability to situations of economic dependence [171] (with special reference to the relationships of the subsidiaries of a group with their parent company).

Article 1355 of the Catala preliminary draft [173] recently proposed the introduction of a new basis for vicarious liability which would call into question the principle of the legal autonomy of subsidiaries:

The comments made by the authors of this preliminary draft clarify the innovations proposed with regard to non-contractual vicarious liability.

It is clear from the above, a contrario, that in the present state of French law, vicarious liability of the parent company for its subsidiary requires proof that the parent committed a fault affecting the subsidiary.

At the end of the present detailed examination, for the reasons listed in section 7.1.1.2, given that in French law a shareholder in a group of companies does not bear general vicarious liability for its subsidiaries, there is no reason to take the view that the publicly owned establishment IFP, and consequently the French State, can be liable for the payment of claims held by third parties in respect of the economic activities of Axens and Prosernat, in particular if those subsidiaries were to be subjected to compulsory winding up.

Before examining whether the controlling shareholder, the publicly owned establishment IFP, might have a vicarious liability that could be invoked for its subsidiaries (b), an account must be given of the compulsory winding-up procedure under ordinary law to which these private-law subsidiaries would be subject in the event of cessation of payments (a).

The plans to reform the Civil Code, recently contemplated then abandoned, which aimed precisely to extend the principle of vicarious liability to the relationship between parent and subsidiaries of a group, confirm a contrario (ii) that such a principle does not exist at present in French law.

Insofar as no deliberate breach of contract is charged to the provider or his representatives or vicarious agents, the liability for damages shall be limited to the foreseeable, typically occurring damage.

If the liability for damages against us is excluded or restricted, this also applies with regards to the personal damage liability of our employees, staff, representatives and agents of vicarious liability.

Moscow Arbitration in April as part of the bankruptcy case of the BCH at the request of DIA drew Pugachev and three top executives to vicarious liability.

Instead, the statutory periods shall apply for liability for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by a legal representative or vicarious agent, for liability for other damages which are based on intentional or grossly negligent breach of duty of a legal representative or vicarious agent, for defects that were fraudulently concealed or the absence of which was guaranteed, for intentional or negligent breach of material contractual obligations and for claims under the German Product Liability Act.

In case of only a negligent breach of duty through Apricot Records GmbH or one of our vicarious agent the liability is limited to the contract typical, foreseeable damage.

For instance in Nigeria, providing insurance coverage for a petrol tanker on a long trip can be unprofitable – because an accident involving a petrol tanker may also involve other motorists and cause loss of lives in villages or towns where the incident occurs, leading to vicarious liability. Actuary

Key contractual obligations are such whose fulfilment enable the correct execution of the agreement and on whose fulfilment the customer therefore relies and may rely (so-called cardinal obligations).In the event of a minor negligent breach of the cardinal obligations by HEINE or its company organs, legal representatives, employees or vicarious agents, the liability of HEINE is limited in any event to contract typical and foreseeable damage.

The effects of the Christian contractual obligation can be best demonstrated with the help of particular examples of what is now called strict liability, guaranteed liability, and vicarious liability.

If the claims are based on a grossly negligent breach of duty on our part, by our representatives or by our vicarious agents, liability is limited to the foreseeable, typically occurring damage.

In the event of a minor negligent breach of the cardinal obligations by HEINE or its company organs, legal representatives, employees or vicarious agents, the liability of HEINE is limited in any event to contract typical and foreseeable damage.

In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper implementation of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur.

This is not valid for liability for damages from injury of life, body or health that are based on the Operator’s negligent breach of duty or a deliberate or negligent breach of duty of a legal representative or an agent of vicarious liability.

In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.