Vicarious Liability Under Contract Laws

1. INTRODUCTION:

As matter of justice one who commits wrong is a wrong doer and he should be held responsible for that wrong. However there are some circumstances where one is held responsible for the wrongs committed by others. This rule is called vicarious liability. This concept makes law of tort similar to criminal law in Sec. 34 and 149 of Penal Code.

2. DEFINITION OF LIABILITY:

I. ACCORDING TO SALMOND:

“Liability or responsibility is the bound of necessity that exists between the wrong doer and the remedy of the wrong doer.

3. KINDS OF LIABILITY:

Following are the different kinds of liability:

(i) Civil liability

(ii) Criminal liability

(iii) Remedial liability

(iv) Vicarious liability

(v) Strict liability

4. MEANING OF VICARIOUS LIABILITY:

The word vicarious is taken from the word VICAR which means representative of God, in a Christian church vicarious liability means representative, liability, or responsibility of one person for tort committed by others.

5. DEFINITION OF VICARIOUS LIABILITY:

I. FLEMING:

Vicarious liability is a principle where the law holds one person responsible for the misconduct of another.

6. VICARIOUS LIABILITY IN CRIMINAL LAW:

Vicarious liability is not common in criminal law. A person can not be punished for a crime committed by another. Vicarious liability for crimes is governed by Sec. 34 and Sec. 149 PPC which held person liable for the acts of others.

7. VICARIOUS LIABILITY IN CIVIL CASES:

Civil law recognizes the principle of vicarious liability. The right of injured party to receive redress continues against the representative of the dead.

8. ARISMENT OF VICARIOUS LIABILITY

I. LIABILITY BY RATIFICATION:

A person is liable for the acts of another person if that person has committed that act with the previous authority of such person or such person subsequently ratified the act of that person.

Conditions Following conditions must be satisfied to hold a person liable for the act of another on the ground of ratification.

(a) Only such acts binds the principal, what is done on his behalf.

(b) The person ratifying the act must have knowledge of tortuous and character of the act.

(c) Illegal and void acts can not be ratified.

II. LIABILITY BY ABETMENT: A person who abets to commit the tort is responsible for that act.

III. LIABILITY OF RELATIONSHIP:

Liability for the acts of others may arise out of existing special relationship between them.

(a) Master and Servant:

A master is responsible to every such act of the servant as it is committed in the course of employment, service of or business though no express command be proved. This is based on the maxim “Let the superior be responsible”.

> Reasons for Vicarious Liability of Master:

The reasons for vicarious liability of master for the tort of his servant are as under.

(a) Master is in superior position.

(b) He gets comfort from service of his servant.

(c) He is considered wealthy.

(d) He can pay damages.

(e) Negligence of master to select his servant.

> Cases where Master is not Liable for the Tort of his Servant

In the following cases master is not responsible for the acts of his servant.

(a) Case where servant departed from the instruction of his master.

(b) Case where the act is done outside the course of the service.

(e) Where servant delegated his duties.

(f) Case where master is obliged by law to employ a servant.

(g) Case where act was done by the servant out side the authority of the master.

Also

(1) Principal and Agent:

A principal is liable to third person for tortiuous act of his servant if it was done in the scope of his agency, although the principal did not authorize it.

(2) Company and Director:

A company is liable to third person for tort arising from doing of certain iltra vires acts by its directors.

(3) Firm and Partner:

A firm is liable for torts committed by a partner in the ordinary cause of the business of the firm.

(4) Guardian and Ward:

Guardian are not personally liable for torts committed by minor under their charge but guardians can sue for personal injuries to minor under their charge on their behalf.

9. CONCLUSION:

To conclude I can say that a man is liable only for his own acts but there are certain circumstances in which liability attach to him for the wrong committed by others. The liability of a person may arise in three ways under law of torts.



Source by Chaudhry Omar Ejaz

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