Also known as:vicariously · substituted · agency liability
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing conduct or liability attributed to one party through a relationship with the actual actor rather than direct participation.
Sources & Authorities· 22 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Counter-Offer Terminates Acceptance Power
Vincente Vukovic offered to sell his warehouse to Valor Capital for $2 million. Valor Capital responded by proposing to buy the same warehouse for $1.8 million. The response operated as a counter-offer that terminated Vincente Vukovic's power to accept the original terms because the substituted bargain differed from the one proposed.
Defendant Lacks Standing to Challenge Search
Vaughn Valentine was charged with drug possession after police found evidence during a search of his roommate's apartment. Vaughn Valentine moved to suppress the evidence claiming the search violated the Fourth Amendment. The court denied the motion because Fourth Amendment rights are personal and Vaughn Valentine could not assert them vicariously when the search did not violate his own expectation of privacy.
Virgil Volpe conveyed land to his daughter Valerie Voss for life with further language creating an estate in favor of her issue upon her death. The conveyance created a fee tail estate in the issue because it contained a life estate followed by language purporting to limit the remainder to the life tenant's descendants.
Tenant Recovers Additional Rent Costs
Vortex Energy leased warehouse space from Venture Holdings. When Venture Holdings failed to repair the roof the tenant incurred higher rent at substitute premises while the default continued. The tenant recovered those reasonable additional costs as damages because the lease was not terminated.
Seller Excused by Impracticability
Vertex Pharmaceuticals contracted to supply a drug to a buyer. A foreign embargo made the agreed source of raw materials unavailable. The seller was excused from delivery because performance became impracticable by a contingency the non-occurrence of which was a basic assumption of the contract.
Indemnitee Seeks Vicarious Liability Relief
Vance Vogel was held liable for injuries caused by his employee. Vance Vogel paid the judgment and sought indemnity from the employee. The court granted indemnity because Vance Vogel was liable only vicariously for the employee's conduct.
Common questions
Frequently Asked
3
What does vicarious liability require in tort cases?+
Vicarious liability requires a relationship such as employment or partnership that makes one party responsible for the torts of another without personal fault. The indemnitee must have been liable only because of that relationship.
Can a defendant assert another person's Fourth Amendment rights?+
No. Fourth Amendment rights are personal and may not be asserted vicariously. A defendant has standing only when the search violated the defendant's own reasonable expectation of privacy.
How does vicarious liability affect partners in an LLP?+
Partners in a properly registered LLP are not personally liable for firm obligations incurred during LLP status merely because of their partner status. The obligation remains that of the entity alone.
326 U.S. 310 (1945)Civil Procedure
…communicating the notice. It is enough that appellant has established such contacts with the state that the particular form of substituted service adopted there gives reasonable assurance that the notice will be actual. Connecticut Mutual Co. v. Spratley, supra , 618, 619; Board of Trade v. Hammond Elevator Co. , 198 U. S.…