Vicarious Liability

(Law Of Torts)

If laws could speak for themselves, they would

complain of the lawyers in the first place.

Lord Halifax

Vicarious what..??
Arising out of Doctrine Of Agency; also
respondeat superior meaning master
must answer.
Responsibility of the party that supervises,
heads or commands.
Transfers the liability from the wrongdoer to
his(or her)
master/principal/employer/parent.
Liability of the person who has the power
to govern the actions of the subordinate.

Origin & Conceptualisation

Derived from vice, Latin for in place of.
King held liable for unjust acts or claims in
Ancient India.
Under Islamic law, state was liable to pay
damages to claims made.
Rise of sovereign functions caused
decline in the liability of the state.
Although distinguishing sovereign functions
from non-sovereign is, at times, difficult.

Governing scenarios..

Principal & Agent (Partners)

Master & Servant
Principal & Independent Contractor
Parents & Children
Employer & Employee

Principal & Agent

Sec. 182 of the Indian Contract Act,1872 defines
agent as A person employed to do any act for
another or represent another in dealings with third
persons.
Anyone of the partner acts as an agent on behalf
of firm as a whole.
The firm (here Principal) is liable for any wrongful of
act(s) of the agent.
Only liable if the agent acted for firms interest,
whether detrimental or not.
Liability of the partners is governed by the Indian
Partnership Act, 1932.

Master & Servant

A wrong by a servant, acting under
the orders of a master, makes the
master liable.
Unless the servant acted out of the
his own freewill.

Principal & Independent Contractor

Principal not liable for unlawful
actions of an independent contractor.
Liability occurs, however, if the
course of action authorised by the
principal, whether expressed or
implied.

Parents & Children

For any wrong by a minor, the parents will
be held liable (in accordance to Indian
Majority Act,1875).
In case of an appointed guardian, liability
occurs only for an unlawful act over 21
years of age.
Differs from the relationship of master &
servant; child may or may not be acting
under the orders of his parents but law
still holds the parents liable for any
unlawful act or injury committed.

Employer & Employee

Concept of Scope Of Authority
,whether expressed or implied, governs
the liability of the employer.
Meaning- authority delegated or
expected to be delegated to person in
order to carry our employers orders.
Employer liable for all actions (tortious
or criminal) of the employee in the due
course of employment.
Employer not liable for acts committed
outside his scope of authority.

Employee v/s Independent Contractor

Contract Of Service in case of employee;
Contract For Service incase of contractor.
Former means employees work an integral
part of business while latter means its not.
Employer can exercise key details & method
of work in Employee-Employer relationship
but not in the case of independent contractor.
Supervision & control are tests to determine
the relationship.

Exceptions to Non-Liability of the Principal

(independent contractor relationship)
Major exceptions to non-liability of the principal 1. Personal interference or making oneself
party to the act.
2. Contractual act is wrongful or forbidden.
3. Legal duty imposed over the principal.
4. Circumstances involving an intermediary.
5. Precautions to avoid danger not taken
by the contractor himself.

We dont give our criminals much punishment but

we sure give em plenty of publicity.

Will Rogers

Acknowledgement
Courtesy-:
Wikipedia, lawnotes.in
Halsburys Laws of
India Vol. 29 (1).