Friday, October 4, 2019
Vicarious Liability Essay Example | Topics and Well Written Essays - 500 words
Vicarious Liability - Essay Example The concept of vicarious liability can be substantiated in this case in numerous ways. The first evidence can be observed on the agreement signed between Robert Courtney and Eli Lilly and Company. Whereby, Elil Lilly and company were supposed to supply Courtney with Chemotherapy drugs. However, Robert Courtney started participating in pharmaceutical fraud by buying drugs from a grey market and at the same time diluting Taxol and Gemzal drugs supplied by Eli Lilly and company. This means that Elil Lilly and company had a vicarious liability due to the tortuous acts committed by Robert Courtney of whom they had a special relationship based on the agreement they had signed (Giliker, 2011). The second evidence of vicarious liability can be observed between Doctor Hunter and Robert Courtney. Doctor Hunter was supplied cancer drugs by Robert Courtney pharmacy whereby, he used those drugs to diagnose his patient without the knowledge that Courtney had diluted the drugs. This resulted to substantial harm to the patients diagnosed by Doctor Hunter. Therefore, based on this relationship Robert Courtney had vicarious liability towards Doctor Hunterââ¬â¢s patients. This is because Courtney was responsible for the harm that doctor hunter had caused towards his patients (Moses & Jones, 2011). The organizational parties that could be held liable in this case include: Eli Lilly and company, Bristol-Myers Squibb Company, Kansas City General Hospital where Doctor Hunter was working and finally Research Medical Towers Pharmacy Owned by Robert Courtney. Eli Lilly and company were liable because the organisation had a special relationship with Courtney. This relationship was established via an agreement whereby, Eli Lilly pharmaceutical company agreed to be supplying Robert Courtney Pharmacy with chemotherapy drugs. This means that Eli Lilly and Company had a corporate
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