Vicarious liability
- Write a comprehensive note on vicarious liability.
- Explain the concept of vicarious liability comprehensively.
- Provide a detailed explanation of vicarious liability.
- Elaborate on the principle of vicarious liability in tort law.
Introduction
As a matter of justice, one who commits wrong is a wrongdoer and he will be held responsible for that wrong. There are some circumstances where one is held responsible for the wrongs done by the others. And this rule is called vicarious liability (indirect) liability. Generally an employer will be held responsible if his employee does something wrong during the performance of his duties within the firm or outside of the firm. It also comes into the category of tort. Vicarious liability shows any relationship between the wrongdoer and the other person who is being held responsible for the wrong. Relationship is necessary element for this tort such as owner of vehicle and the driver
Meaning of liability
An action for which someone is legally responsible is called liability
Definition of vicarious liability
Vicarious liability is a liability when someone is held responsible for the wrongs of another person. In a workplace context, an employer will be liable for the wrongs of his employees which has been committed by them during the course of employment
Kinds of liability
Following are the kinds of liability
- Civil liability
- Criminal liability
- Remedial liability
- Vicarious liability
- Strict liability
Vicarious liability in civil law
Vicarious liability is not common in civil law. A person cannot be punished for a crime committed by another person. But this theory of liability allows the court to hold responsible a person who did not directly commit the wrong.
But the section 34 and section 149 of PPC holds responsible a person for the wrongs of other person
Vicarious liability in criminal law
The legal theory of liability that allows the court to hold a person responsible for the acts of others. Under this theory a person can be held responsible for a criminal act of others if he helped out in some way to commit crime
For example, in a criminal context, vicarious liability if assigns guilt to a person for wrongful acts committed by someone else.
Basis of vicarious liability
- Existence of the following things is the basis of the vicarious liability
- There must be wrong done for vicarious liability
- There must be two or more person one is wrongdoer and second is who gave order
- There should be relationship between wrongdoer and second who is imposed liable
- Reasons give rise to vicarious liability
Following are the reasons which may give arise the vicarious liability
Ratification
Under the law of tort a person will be held responsible for the wrongs committed by others. Following are the three ways which may allow the court to hold responsible to a person who directly did not commit the wrong
When a person gives approval to do particular act with the full knowledge that it is tortious
When a person gives approval to do particular act even knowing that by doing particular act, responsibility surely will arise against that person
When a person to do particular act on the behalf of his employer
In the ratification, the relationship is a necessary element between the two or more persons
Abetment
Under the law of tort a person will be held responsible for the wrongs committed by others if he helps to commit the wrongs to others. In such case, court will hold responsible for such person who helps to wrong doer for doing unlawful acts against others
Relationship
There should be a relationship between the wrongdoer and the person who gave the order. Relationships are the bigger and essential element to hold vicarious liability. Relationships may be of Master-Servant, Principal-Agent etc.
Following are the kinds of relations between the persons. Details are as under
Master and servant
A master is responsible for every act of his servant which has been committed by his servant during the course of his employment. Any negligence of servant which may harms to others in such case court of law holds responsible to master for the wrongs of his servant
- When master is not liable
- When servant does not follow the instructions of his master
- When act is done outside of the course of the employment
- When servant has been performed his duties and latterly he did wrong
- When servant did wrong outside the authority of his master
Principal and agent
A principal is responsible for every act of his agent which has been committed by his agent on behalf of his agency. Any negligence of agent which may harms to others in such case court of law holds responsible to principal for the wrongs done by his agent
Company and director
In case of an offense by the company. Director of the company will be held responsible for the wrong done by the company if the company works against the policies of the company such kind of violence makes the director vicarious liable for the wrong done
Firm and partner
Under the law of tort, all the partners of the firm are liable for wrong committed by any of the partners during the course of business of the firm. The relationship of the partners is
interlinked that’s why each partner is liable for the act of the fellows.
Guardian and ward
Under the law of tort, the guardian are not personally responsible for the wrong committed of those minors who are under his charge but guardian also can take legal action against the minors that they done some certain act on his behalf
Conclusion
Any person is always liable for that act which directly has been performed by his own but there are some circumstances when a person is being held responsible for the acts which have not been committed by him directly such theory is called vicarious liability or joint liability. Major essential of vicarious liability is a relationship between the wrongdoer and the person who has been held responsible in place of the wrongdoer. Relationships have different kinds such as master and servant, principal and agent, company and director, partner and firm etc. Following are the three main reasons which become the reason of vicarious liability such as ratification, relationship and abetment etc.