Legal Memorandum: Vicarious Liability of an Employer in VT

Issue: Under the law of Vermont, do courts recognize a cause of action for vicarious liability of an employer for the torts of its employee?

Area of Law: Employee Law, Personal Injury & Negligence
Keywords: Vicarious liability of an employer; Torts of employee
Jurisdiction: Vermont
Cited Cases: 169 Vt. 118
Cited Statutes: Restatement (Second) of Agency § 219(1), § 219(2)(d)
Date: 12/01/2009

The Marshall Islands Procurement Code provides two avenues of relief to an aggrieved bidder.  “Any actual or prospective bidder . . . who is aggrieved in connection with the solicitation or award of a contract may protest to the Chief Procurement Officer.”  M.I. Code, tit. 44, § 164(1) (2005).  This protest must be filed within fourteen days after the bidder knew or should have known of the facts giving rise to the protest.  Id.  The Chief Procurement Officer’s decision is reviewable in the High Court by filing suit within fourteen days after the date of the decision.  Id. § 172(1).

In lieu of this administrative protest, an aggrieved bidder may also file suit in the High Court to determine whether the solicitation or award violates the law.  Id. § 171(1).  Cf. Alaska Stat. § 36.30.690 (2009) (Administrative protests “provide the exclusive procedure for asserting a claim against an agency.”).  Suit must be filed within thirty days after the bidder knew or should have known of the facts giving rise to the claim.  Id. § 172(1).


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