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Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, however, vicarious liability, that is the liability of one person for the act of another person, may arise. In order that the liability of A for the act done by B can arise, it is necessary that there should be certain kind of relationship between A and B, and the wrongful act should be, in certain way, connected with that relationship. The common examples of such a liability are: (1) Liability of the principal for the tort of his agent; (2) Liability of partners of each other’s tort; (3) Liability of the master for the tort of his servant. So Vicarious Liability deals with cases where one person is liable for the acts of others. In the field of Torts it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per se per alium facit per se, which means, “He who does an act through another is deemed in law to do it himself”. So in a case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. Thus, Employers are vicariously liable for the torts of their employees that are committed during the course of employment.
Section 89 in The Indian Penal Code
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.—Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:
LEGAL PRINCIPLE: The master/ principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
FACTUAL SITUATION: A had an agency which used to lend carpenters to people on need basis. A deputed B to do some repair work in C’s shed. While so doing, B lit up a cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and the shed was reduced to ashes. C sued A and B. Decide.
A is Liable as B was his servant
A is liable as he should have chosen responsible people.
A is not liable as ft's act was not an authorised act.
A is not liable but B is liable
By: Parvesh Mehta ProfileResourcesReport error
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