Indemnification may arise due to which relationship?

• A. Res ipsa loquitur
• B. Assumption of risk
• C. Vicarious liability
• D. Comparative negligence

Answer: (C)

Indemnification flows from a relationship that makes one party legally responsible for the acts of another. The classic example is vicarious liability, such as an employer for an employee or a principal for an agent. Because liability is tied to that relationship, the party who is primarily responsible for the harm (the one who bears liability under the doctrine) can seek indemnity from the other party who actually caused or controlled the negligent act. In practical terms, when an employee’s negligent act leads to a claim against the employer, the employer may seek indemnification from the employee to recoup the amounts paid. The other options don’t create this kind of liability-shifting relationship: res ipsa loquitur is about inferring negligence, assuming risk is a defense, and comparative negligence is about apportioning fault.