Vicarious liability

1. LIABILITY FOR WRONGS COMMITTED BY
OTHERS
Dr. Khakare Vikas
Asso. P r o f .
Narayanrao Chavan Law C o l l e g e , Nanded

2. • Generally a person who committed wrongful act is liable for
that. But sometime a person may be liable for the wrongful act
of another. This is known as ‘vicarious liability’.
• According to Salmond, ‘In general a person is responsible only
for his own acts, but there are exceptional cases in which the
law imposes on him vicarious responsibility for the acts of
others, however, blameless he himself is’.

3. • Vicarious liability is based on the following maxims.
1. Qui facit per alium per se
2. Respondent superior
3. Public policy

4. 1. Qui facit per alium per se
• Meaning of this maxim is ‘he who acts through
another is deemed in law as doing it himself’.
• A person authorise another in his position, in his
absence, and to act with some discretion according
to the circumstances, consequently he will be
answerable for work so entrusted to him.

5. 2. Respondent superior
• Meaning of this maxim is ‘let the principal be
responsible’ or ‘superior must be responsible’.
• Generally a superior officer / authority gives order to
his subordinates. Consequently who give order will
be answerable for the wrong committed by his
subordinate.

6. 3. Public policy
• According to another principle, vicarious liability is developed from
social convenience and public policy.
• Fredrick Pollock said, ‘I am answerable for wrong of my servant or
agent not because he is authorised by me or personally represents
me, but because he is about my affairs and I am bound to see that
my affairs are conducted with due regard to the safety of others’.
• Lord Brougham, in Duncan Vs. Finlater, mentioned, ‘the reason
that I am liable is this, that by employing him, I set the whole thing
in motion; and what he does, being done for my benefit under my
direction. I am responsible for the consequence of doing it’.

7. Nature of vicarious liability
• Nature of vicarious liability is jointly
and severally.

8. Modes of vicarious liability
• A person may be liable for the wrongful act or
omission of another under the following modes...
1. By ratificationBy abetment
2. By special relationship

9. 1. By ratification
• Where if servant commit tort without authorisation
and principal subsequently ratifies such act and
gives assent. Then principal is bound by the act of
servant and liable for that.
For a valid ratification following conditions must be
fulfilled.
1. The wrongful act must have been done on behalf of
the principal.
2. The principal ratifying the act must have full
knowledge about the act committed.A void act
cannot be ratified.

10. 2. By abetment
• Person who commit tort and one who abets such tort;
both are equally liable for that.
• Under the following circumstances, a person is said
to have abetted...
1. Knowingly for his own benefits induces another to
commit a wrong.
2. By use of illegal means directed against a third
party, induces a person to do an act which is
detrimental to that third party although the person
induced may be entitled to do that act.

11. 3. By special relationship
• Where a person is having special relation with another; he will
be responsible for the wrongful acts of that another person.
Such relation could be as...
1. Master and servant
2. Owner and independent contractor
3. Principal and agent
4. Company and director
5. Firm and partner
6. Guardian and ward

12. thank you.