Explain the rule of Vicarious Liability. When is a master liable for the tort of servant?
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Question: Explain the rule of Vicarious Liability. When is a master liable for the tort of servant? [UJS 2015]Find the question and answer of Law of Torts only on Legal Bites.[Explain the rule of Vicarious Liability. When is a master liable for the tort of servant?]AnswerVicarious liability is a term that indicates how one party is legally responsible for the acts of another party, which the former could not control or take due care of. Though the latter holds liability for the losses...
Question: Explain the rule of Vicarious Liability. When is a master liable for the tort of servant? [UJS 2015]
Find the question and answer of Law of Torts only on Legal Bites.[Explain the rule of Vicarious Liability. When is a master liable for the tort of servant?]
Answer
Vicarious liability is a term that indicates how one party is legally responsible for the acts of another party, which the former could not control or take due care of. Though the latter holds liability for the losses incurred or the wrongs done, the first party is the one that fails to exercise its controls, causing the business to suffer.
Also known as imputed liability, the concept ensures the authoritative or supervising party remains alert and keeps a check on the subordinate individuals or entities so that they do not involve in any misdeed and work in accordance with the standard ethics and regulations followed in the industry.
In the case of State of Rajasthan v. Smt Shekhu and Ors, [I (2005) ACC 156], the deceased and his brother were going on a bicycle and a jeep which was owned by Distt. Collector came from the opposite side and hit them which resulted in the death of the deceased. In this case, the court clearly stated that the definition of 'vicarious liability' means that one person takes or supplies the place of another so far as the liability is concerned. It means the liability of a person for the tort of another in which he had no part. The court also stated that an owner of a car would be liable for an accident caused by his servant during the time of his employment.
Some of the wrongdoings that fall under vicarious liability are mentioned below:
- Employers’ liability for wrongful acts of employees
- Principals’ liability for wrongful acts of agents
- Partners’ liability for wrongful acts of each other
- Masters’ liability for a wrongful act of servants
The Vicarious liability of the master is based upon the two maxims which are Qui facit per alium facit per se and respondeat superior.
Qui facit per alium facit per se: The maxim refers to “whoever acts through others acts as if he were doing it himself”. According to Salmond, if any action is performed by the servant for his master’s benefit which is performed with his master’s direct or implicit authority is called to be a master’s act for which he is held liable. Any individual who is enough capable of compensating for the negative consequences of his action should not be able to delegate it and avoid serious consequences by making his servant do such acts.
The Principles of Vicarious Liability are:
1. The person who causes the damage must pay the compensation
2. In order to constitute it as a vicarious liability, there should be some legal relationship between the two parties (the defendant and the other party). For example: in a partnership, the two partners are jointly liable for the defaults of each other.
3. It should be done during the course of employment which can basically be seen in the situation of the master-servant relationship.
When is a master liable for the tort of the servant?
There are two important conditions that should be satisfied to impose Vicarious liability on the Master which are:
- The act should be done by the servant
- The act should be committed during the course of employment.
A master, or an employer, is liable for the tort of a servant, or an employee when the tort was committed within the scope of the servant's employment. This means that the master is responsible for the actions of the servant if the actions were performed while carrying out duties that are within the scope of their job description. The principle of vicarious liability holds the master responsible for the actions of the servant because the master has a duty of care to ensure that the servant does not cause harm to others while carrying out their duties and has control over the means by which the servant performs their work.
In order for an employer to be held liable for the tort of their employee, the following elements must be present:
1. The servant was acting within the scope of their employment: The servant must have been performing duties that are within the scope of their job description at the time the tort was committed.
2. The master had control over the means by which the servant performed their work: The master must have had the authority to control the actions of the servant and the means by which they performed their work.
3. The tort was committed while the servant was carrying out their duties: The tort must have been committed while the servant was performing their job duties, and not during leisure time or while performing personal activities.
If these elements are present, the master may be held liable for the tort of the servant, even if the master was not directly involved in the harmful conduct. The principle of vicarious liability holds the master responsible for the actions of the servant because the master has a duty of care to ensure the safety of others and has control over the means by which the servant performs their work.