Principle Of Vicarious Liability
Q Write a detail note on principle vicarious liability. (1996) (1995)
1. Introduction:
The liability is the ultimate purpose of the law because the wrong dose must make up or suffer for he has already failed in doing what he ought to have done. As a general rule, man is answerable for his own acts but in certain cases, he is liable for the acts of other and these are the cases of vicarious liability.
2. Meaning Of Vicarious Liability:
It is a situation in which a person serves instead of someone else or something else .
3. Vicarious Liability In Criminal Cases:
Vicarious liability is not common in criminal law. As a general rule, a person cannot be punished for a crime committed by another this rule is subject to certain exceptions.
(I) Exceptions:
At common law, there were only two exception.
(i) Public Nuisance:
In public nuisance, any employer might he held liable for the act of his employee, even thought he himself did not know, it had taken place.
(ii) Criminal Libel:
In criminal libel, a newspaper proprietor was liable for libels published by his employees without , his authority or consent.
Other Exceptions Under Statute:
By statute there are many offences, which recongised rule of vicarious liability section 34 and 149 of P.P.C embodies the rule vicarious liability for crimes, which held persons liable for the acts of others.
4. Vicarious Liability In Civil Cases:
Civil law recognizes the principle of vicarious liability. Civil law recognizes vicarious liability in two cases.
(I) Master s Liability For The Acts Of The Servant:
The masters become liable for the acts of their servants if they had delegated them powers to do certain things.
(II) Responsibility Of Living Persons For The Acts Of The Deceased:
The right of the injured part to receive redress continues against the representatives of the dead.
5. Arisement Of Vicarious Liability:
The liability of other may arise by:
(i) Subsequent ratification or previous authority.
(ii) Abetment
(iii) Relationship
(I) Liability By Ratification:
A person is liable for the act of another person., if that other person has committed that act with the previous authority of such person or such person has subsequently ratified the act of that other person.
Conditions:
Following conditions must be satisfied to hold a person liable for the act of another on the ground of ratification.
a. Only such acts binds the principal what is done on his behalf.
b. The person ratifying the act must have knowledge of tortuous character of the act.
c. Illegal and void cannot be ratified.
(II) Liability By Relationship:
Liability by abetment is that a person who abets to commit the tort, is responsible for that act.
(III) Liability for the acts of other may be arise out of existing special relationship between them.
a. Master and Servant:
A master is responsible to even such wrong of the servant as it committed in the course of employment, service or business, though no express command be proved. This is based on the maxim.
b. Principal and Agent:
A principal is liable to third person for tortuous act of his servants, it is was done in the scope of his agency, although the principal did not authorize it.
c. Company and Director:
A company is liable to third person for torts arising form doing of certain intra vires act by its directors.
d. Firm and Partner:
A firm is liable for torts committed by a partner in the ordinary course of the business of the firm.
e. Guardian and Ward:
Guardians are not personally liable for torts committed by minors under their charge. But guarding can sue for person injuries to minors under their charge on their behalf.
6. Conclusion:
To conclude, I can say, that normally and naturally the person who is liable for a wrong is he who done it. Yet both ancient and modern law admit instance of vicarious liability, in which one man is made answerable for the acts of another.s

Sponsored Links