Secondary refers to something that is not the most important or primary. For instance, a secondary character in a story is not the main character. In history, a secondary was an officer of the courts who held a rank below the chief officer. This position was eliminated in 1837.
Definition:
Secondary refers to something that is subordinate or subsequent in position, status, or use. For instance, in a company, the managers hold secondary positions compared to the CEO who holds the primary position. This indicates that the managers are below the CEO in the company hierarchy. Another example is in a battery, where the primary cell is non-rechargeable and the secondary cell is rechargeable. Here, the secondary cell comes after the primary cell and serves a different purpose as it can be recharged. Additionally, in medieval England, the term “secondary” was used to describe an officer in the courts of the King’s Bench and common pleas who ranked below the chief officer. This historical example demonstrates how the term was used to denote a subordinate officer in the court system.
Secondary liability refers to the legal responsibility of a party for the actions or omissions of another party. It arises when a person or entity aids, encourages, or facilitates the commission of a wrongful act by another party.
Yes, under certain circumstances, a person can be held liable for the actions of another person if they have contributed to or facilitated the wrongful act. This is known as secondary liability.
Examples of secondary liability include aiding and abetting a crime, conspiracy, vicarious liability, and contributory negligence. For instance, if someone knowingly assists another person in committing a crime, they can be held liable as an accomplice.
Primary liability refers to the direct responsibility of a person or entity for their own actions or omissions. Secondary liability, on the other hand, involves being held responsible for the actions of another party.
Yes, a business can be held vicariously liable for the actions of its employees if those actions were committed within the scope of their employment. This is a form of secondary liability.
Civil secondary liability typically arises in cases involving torts or breaches of contract, where the party is held responsible for the actions of another. Criminal secondary liability, on the other hand, involves aiding or abetting a crime and can result in criminal charges.
Yes, secondary copyright infringement can occur when a person knowingly facilitates or contributes to copyright infringement committed by another party. This can include distributing or providing tools that enable infringement.
In certain circumstances, parents can be held vicariously liable for the actions of their minor children. This is often the case when the parents have failed to exercise reasonable control or supervision over their child’s actions.
Yes, secondary defamation can occur when a person repeats or republishes defamatory statements made by another party. If the person knew or should have known that the statements were false and defamatory, they can be held liable.
Defenses against secondary liability claims can vary depending on the specific circumstances. Common defences include lack of knowledge or intent, lack of causation, and absence of a legal duty to prevent the wrongful act. It is important to consult with a legal professional to determine the best defence strategy in each case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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