Vicarious liability can be described as the liability borne by the supervisory authority for the actions done by their employees. It is a kind of master-servant relationship where a wrong done by the servant under the course of the employment has consequences on the master.
Examples of vicarious relationships are:-
- Principal and agent
- Master and servant
- Partnership firms and associations
Illustration:-
A is working as a house staff for B. In this scenario, A is the servant whereas B is the master. One day, B sends A to buy some medicines in a hurry, A rushes to the pharmacy and while coming back he causes an accident and two people lose their lives. In this case, B would be held responsible for the actions of A as the accident occurred during the course of the employment.
Essentials of Vicarious Liability
These are the following prerequisites for establishing vicarious liability:-
- There must exist a relationship between a superior authority and an inferior authority.
- A wrongful act was committed while under the supervision of the superior authority.
Why is the Master held liable?
The reasons behind holding the master liable for the acts of his servants are:–
- Since the master is dictating the actions of the servant, it is only common knowledge that the servant would not be held liable for the act done.
- It is reasonably possible that the master can use their position and wealth to exploit the servant. Since the master is in a better financial situation they would be able to incur the losses which might not be the case if the servant is held liable.
- Since the fruits of the servant’s hard work are enjoyed by the master it is only fair that the liability of the wrong committed shall be incurred by the master as well.
Legal Maxims
- Qui facit per alium facit per se is a Latin maxim that translates to “He who acts through another does the act himself”. It essentially means that if one asks another person to do an act, such action would be considered to be done by the first person.
Vicarious Liability under India Laws
Usually, the principle of vicarious liability is applied to civil cases only but under certain circumstances, it can be applied to criminal cases as well.
Indian Penal Code:-
- Section 149 says that if a member of an illegal assembly commits an offence then the whole assembly will be guilty of that offence.
- Section 154 talks about the refusal to provide information on a riot or other disturbance by the landowner or occupant.
- Section 155 and section 156 say that if an illegal gathering is conducted then the owners of such land would be held vicariously liable.
- Section 268, section 269 and section 499 talk about public nuisance. It essentially says that a master would be held vicariously liable for a public disturbance caused by a servant.
Exceptions to Vicarious Liability:-
- If the act was done by an agent who is not appointed by the principal.
- If the act was done by an independent contractor.
- If the act was done by a person after the termination of the contract of the agency.
Case Laws
- In the State of Rajasthan vs. Smt Shekhu and ors, the deceased and his brother were on a bicycle when the District Collector’s jeep collided with them which caused the death of the party. The court applied the principle of ‘vicarious liability’ where the owner of the car that is the District Collector was held liable for the accident caused by his servant during the course of his employment.
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