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CHANAKYA NATIONAL LAW

UNIVERSITY,PATNA

ROUGHT DRAFT :LAW OF TORTS


TOPIC: VICARIOUS LIABILITY BY RELATIONSHIPS

SUBMITTED TO:MRS. SUSHMITA SINGH


FACULTY OF LAW OF TORTS
SUBMITTED BY:
VIVEK MISHRA
ROLL NO 1576
BA LLB, 1ST SEMESTER

INTRODUCTION
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on
employers for the wrongdoings of their employees. Generally, an employer will be held liable for
any tort committed while an employee is conducting their duties.
An employer is strictly liable for torts committed by those under his command, when they are found
to be his employee. To this end, the courts must find a sufficient relationship to this effect, where
issues of vicarious liability are raised. It has been stated judicially that no one test can adequately
cover all types and instances of employment; thus, generally, the tests used and ultimate
determination rest upon the individual aspects of each case, looking at all the factors as a whole.
A servant is a person who is subject to the command of his master as to the manner in which he shall
do his work."
The control test effectively imposed liability where an employer dictated both what work was to be
done, and how it was to be done. This is aptly suited for situations where precise instructions are
given by an employer; it can clearly be seen that the employer is the causal link for any harm which
follows. If on the other hand an employer does not determine how an act should be carried out, then
the relationship would instead be one of employer and independent contractor.

AIM AND OBJECTIVE

i.

To discuss (in brief) the concept of vicarious liability.

ii.

To study the subject matter of Test of Control and its position in India.

iii.

To understand the extent of liability .

iv.

To comprehend the kinds of relationship.

HYPOTHESIS

In India, The Test of Control is generally not used, even in cases when it can be.

Test of control is not an essential ingredient to hold the master vicariously liable.

RESEARCH METHODOLOGY
For the purpose of project research, Researcher will rely upon the
Doctrinal Method of Research.

TENTATIVE CHAPTERISATION

INTRODUCTION

TYPES OF RELATIONSHIP (WHICH CONSTITUTES VICARIOUS LIABILITY)

TEST OF CONTROL & HOW IT RELATES WITH VICARIOUSLY LIABILITY

POSITION IN INDIA AND ABROAD

IMPORTANT CASESS UNDER TEST OF CONTROL

CONCLUSION

BIBLIOGRAPHY

LAW OF TORTS BY DR. R.K.BANGIA

www.lawteacher.net Free Law Essays Tort Law


William R Buckley and Cathy J Orkent - Torts and Personal Injury Law
www.legalservicesindia.com/.../vicarious-liability-in-india-1634-1.html