Vicarious Liability: Definition, Principles, Types

Defining Vicarious Liability

Vicarious is came from the Latin term ‘vice’ i.e., in the place of. By this term we mean the liability of a person for the tort of another in which he had no part. The name is said to have been coined by English jurist Frederick Pollock in the 1880’s. Factually, it means that one person is liable for the torts of another. The employer is liable for the torts of his employee.The doctrine of vicarious liability can also be referred to as the heart of the general tort law system. It is a lawful doctrine that determine the liability for an injury to a person who did not only cause damage but also has a particular lawful relationship to the person who did act carelessly.Therefore, for example when misconduct was committed by a B then a subordinate who was working under A would be charged with a severe charges under the doctrine of vicarious liability. However, to be charged with such liability, it is necessary to have some kind of relationship between the two.

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 other, however blameless he himself is.”

Elements of vicarious liability:

1. There must be some kind of relationship.
2. The wrongful act must be related to the relationship in some or other way.
3. The wrong has been done within the course of employment.

There are two principles on which the vicarious liability is based:

1. Respondent Superior – The doctrine of respondent superior means ‘let the superior liable’. This doctrine puts the master or the superior in the same position as if he had done the act himself.
2. Quit facit per alium facit per se – The doctrine means ‘he who acts through other acts himself’. A person is answerable for the wrongs of the person to whom he has entrusted the work.

Relationships Where Vicarious Liability Might Arise

Typical examples of such types of relationships are as follows:

1. Liability of the principal for the act of his agent – (Principal-Agent relationship)
2. Liability for the act of his servant – (Master-Servant relationship)
3. Liability of partners of each other’s wrong – (Partnership)

Principal – Agent

When a person has got the authority to perform a certain act, but he authorizes it to someone else working under him, this relationship is known as a principal-agent relationship.The liability of both principal and agent is mutual and several.

Master – Servant

If the servant does any unfair act in the course of employment of the master is also liable for it apart from the servant himself. That wrongful act of the servant is deemed to be that of the master’s also.

Following are the essentials to attract the master-servant liability-

1. Act must be done by a servant.
2. Such act must be done in the course of employment

A servant is a person who is hired by another to do certain tasks under the control and custody of his master. The master is liable for the actions of the servant and not the independent contractor. The servant is under the direct control of the master. The master instructs the servant what to do and how to do.

Partners

Mistakes made by one of our colleagues under tort law will result in the other partner being held accountable in the same way as the principal was arrested for the misconduct of his or her agent. The rules of law of agency be appropriate in cases of their liability also. Therefore by the misconduct of one business partner, all other partners are liable on the similar level as the guilty partner.

Vicarious Liability in Criminal Law

Vicarious liability can also occur in criminal cases. A person can be prosecuted for another person’s actions. For example, in the case of a robbery, a person who is waiting for a car and then does not engage in the robbery has the same accountability as the people who committed the act of robbery. It means that indulgence in wrongdoing is not necessary; even if a person has a certain responsibility in a criminal case he will be equally charged as his accomplices.

Conclusion

Vicarious liability is a lawful concept also referred to as imputed liability. It deals with cases where one person is liable for the acts of others. It is an idea where the law places a charge on a person who has not made a actual mistake but because of his place in the privileged class of their relationship, he will be held accountable for the wrongs done by those under him. That is, if a servant did something wrong while being hired, the master of his action would be seized accountable. It helps the plaintiffs to file suit against either one or both of the people involved which saves time in decision making. Also, the expansion of vicarious liability from just being part of civil laws to being able to be applied in criminal laws.