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ISC2 Exam ISSMP Topic 5 Question 61 Discussion

Actual exam question for ISC2's ISSMP exam
Question #: 61
Topic #: 5
[All ISSMP Questions]

Which of the following liabilities is a third-party liability in which an individual may be responsible for an action by another party?

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Suggested Answer: D

Vicarious liability is based on the doctrine of respondeat superior, where a superior is responsible for the actions of a subordinate.

Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the 'right, ability or duty to control' the activities of a violator.

Answer option C is incorrect. Contributory liability or contributory infringement has been widely defined as a form of liability on the part of someone who is not directly infringing but nevertheless is making contributions to the infringing acts of others. Contributory liability is rooted

in the tort theory of enterprise liability. Contributory liability holds the third party liable for the primary act by virtue of the third party's relationship with the actual harm (either by enabling it or benefiting from it).

Answer options A and B are incorrect. These are not valid options.


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