In this article you will learn about the Vicarious Liability in Law of Tort.
What is Vicarious Liability in the Law of Tort?
Vicarious means acting on another's behalf. Vicarious liability means the liability of a person for the actions or negligence of another person, even though the first person did not directly cause that injury or harm. For example, A is a servant of B, B instructs A to do some work. While doing so he caused injury to a third person. So the third person can file a suit against B along with A and can claim damages from B. Here B can be held vicariously liable for the servant's actions, even if B did not directly participate in or condone the harmful behaviour. In this situation, the first party, basically any employer or principal, is held liable for the actions of their employees or agents while they are acting within the scope of their employment or agency.
The general rule of tort liability is that the person who causes injury or damage must pay compensation. If there is some relationship between defendant and third party, the law can extend liability to that third party if these essentials are fulfilled :
- There must a relationship (master servant, principal agent, company and its directors etc)
- The wrong is done in course of employment
The word vicarious is derived from the word vicar which means substitute. Some maxims related to vicarious liability are:
- Respondant Superior - means ‘let the principal be liable’.
- Qui facit per alium facit per se - means that ‘he who does an act through another is deemed to do it himself’.
Direct Doer and Indirect Doer
General principle - only direct doer is liable under tort but under certain or particular circumstances where indirect doer or who has committed tort is liable under vicarious liability. It is the basic principle of law of tort that - only the wrongdoer (the direct doer) must be liable for the commission of tort but in certain circumstances an indirect doer can be vicariously liable for the act of another if it has been proved that there was legal relationship between the actual doer(direct) and the indirect doer.
In the law of tort, vicarious liability can be established where there is legal relationship between direct doer and indirect doer. There are following relationships in which one person can be vicariously liable :
- Principal may be vicariously liable for the act of his agent due to agency.
- Master may be vicariously liable for the act of his servant due to the contract of his service.
- Partners in a Partnership firm.
- Guardians
- State for the act of its employees
This article on Types of Damages in Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.