2. • Vicarious liability, or imputed liability, is indirect liability
for the actions of a another person, such as a subordinate
or child.
• An employer can be held liable for the unlawful actions of
an employee, such as harassment or discrimination in the
workplace.
• An employer might also be held liable if an employee
operates equipment or machinery in a negligent or
inappropriate way that results in damages to property or
personal injury.
V
Vicarious Liability
3. • Vicarious liability is based on the following maxims.
1. Qui facit per alium per se
2. Respondent superior
Principles of Vicarious Liability
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. Modes of vicarious liability
• A person may be liable for the wrongful act or
omission of another under the following modes...
1. By ratification
2. By abetment
3. By special relationship
7. 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.
8. 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.
9. 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
