Difference between Strict and vicarious liabilities
INTRODUCTION
As a matter of justice, one who commits wrong is a wrongdoer and he will be held responsible for that wrong. Strict Liability is an absolute legal responsibility for an injury that can be imposed upon a wrongdoer without his mental intention towards his tortious or criminal act and makes him liable to pay compensation for damage. 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. There are a lot of factors, a court will determine whether or not the act was dangerous in which the wrongdoer was involved
MEANING OF LIABILITY
An action for which someone is legally responsible is called liability
DEFINITION OF STRICT LIABILITY
Strict Liability is absolute legal responsibility for an injury that can be imposed upon a wrongdoer without his mental intention toward his tortious or criminal act
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 and all wrongs that employees have committed during employment
DIFFERENCE BETWEEN STRICT AND VICARIOUS LIABILITY
Following are the differences between vicarious and strict liability
As to intention
In strict liability, mens rea is not required
In vicarious liability, mens rea is required
As to liability
In strict liability, the person who commits a wrong is considered liable for his commit
In vicarious liability, a person is considered a criminal who directly not commit the wrong
As to proof
In strict liability, it is difficult to prove the intention of the wrongdoer
In vicarious liability, it is not difficult to prove the intention of the wrongdoer
As to defense
In strict liability, there are a lot of defenses
In vicarious liability, there are no defenses
As to origin
Strict liability was imposed first in the 19th century
Vicarious liability is being imposed long ago
As to wrongdoer
In strict liability, the wrongdoer may be responsible
In vicarious liability, the wrongdoer may not be held responsible
KINDS OF VICARIOUS LIABILITY
Following are the kinds of vicarious liability liability
Ratification
Under the law of tort, a person will be held responsible for the wrongs committed by others. Following are the three ways that may allow the court to hold responsible to a person who directly did not commit the wrong
When a person approves to do a particular act with the full knowledge that it is tortious
When a person approves to do a particular act even knowing that by doing a particular act, responsibility surely will arise against that person
When a person does a particular act on 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, the court will hold responsible such person who helps to wrongdoer 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 biggest 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 his employment. Any negligence of the servant which may harm others in such case court of law holds the responsibility to master for the wrongs of his servant
- When the master is not liable
- When a servant does not follow the instructions of his master
- When an act is done outside of the course of the employment
- When a servant has performed his duties and latterly he did wrong
- When a 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 the agent which may harm others in such case court of law holds the responsible principal for the wrongs done by his agent
Company and director
In case of offense by the company. The 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 wrongs committed by any of the partners during the 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 is not personally responsible for the wrong committed of those minors who are under his charge but the guardian also can take legal action against the minors that they did some certain act on his behalf
BASIS OF VICARIOUS LIABILITY
- The 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 people one is the wrongdoer and the second is who gave the order
- There should be a relationship between the wrongdoer and the second who is imposed liable
KINDS OF STRICT LIABILITY
Following are the kinds of strict liability. It has three major categories of strict liability
Animal
A person who is the possessor of an animal and the possessor will be held responsible if the animal harms the people and if the animal destroys the fields of the farmers because all of the responsibilities go to his possessor who keeps the animal away from others
Dangerous activities
A person who is performing such kind of dangerous activities that may harm others, in this case, he totally will be held responsible for his activity exercised by him, For example, he has, fireworks, explosive materials, as well as other high-energy activities
Products liability
If the product is defective at the time of sale, the product contains a manufacturing defect or is defective because of poor instructions or warnings.
Note: A plaintiff must prove that the product was defective and such defect must cause injury to his user
EXCEPTIONS OF THIS RULE
Following are the exceptions of this rule, the wrongdoer cannot be held responsible if one of the following conditions exists at the time of occurrence of wrong done
- Consent
- The injured person himself wrongdoer
- Inevitable accident
- Act of God
- Acts of state
- Private defense
- Contributory negligence
- Mistake of fact
- Exercise of common rights
- Necessity
CONCLUSION
Any person is always liable for those acts which directly have 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. The major essential of vicarious liability is a relationship between the wrongdoer and the person who has been held responsible for the place of the wrongdoer. Relationships have different kinds such as master and servant, principal and agent, company and director,