Is My Drywall Chinese? - HB Litigation Conferences

Vicarious Liability
A corporation is liable for the acts of its agent
when the agent acts with actual or apparent
authority. An agent acts within the scope of its
authority if:
– The corporation, by its words words or conduct, represented
to Plaintiff that the agent had the authority to transact
the company's business;
– Plaintiff relied on the corporation's representation; and
– Plaintiff changed its position in reliance on the
corporation's representation.
Common Law Indemnity
Indemnity is a right which inures to one who discharges
a duty owed by him, him, but but which, which, as between between himself himself and and
another, should have been discharged by the other, and and
is available only where the whole fault is in the one from
whom indemnity is sought. See Houdaille Industries, Industries,
Inc. v. Edwards, Edwards,
374 So .2d 490 (Fla. 1979).
Shifts the entire loss from one who, although without
fault, has been obligated to pay because of some
vicarious, constructive, derivative, or technical liability to
another who should bear the costs because it was the
latter's wrongdoing for which the former is held liable.
For the right to indemnification to arise, there must be a
special relationship between the parties that gives rise to
the technical liability of the would-be would be indemnitee.