Living Vicariously – Vicarious and Course-and-Scope Ligation Since Painter

12th Annual Damages in Civil Litigation, State Bar of Texas, 2020

vicarious liability

n. The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons. Indirect or imputed legal responsibility for acts of another; for example, the liability of an employer for the acts of an employee, or, a principal for torts and contracts of an agent.

Black’s Law Dictionary. HENRY CAMPBELL
BLACK, M.A., 1990.

This is a course in Damages.

Question: What is more important than obtaining damages?

Answer: Obtaining damages that can be paid.

Plaintiffs often need to establish the liability of a
principal for an agent in order to drive damages and
collect those damages. This paper will focus on recent
developments in vicarious and derivative lability.