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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. ... So a master is liable for the acts of his servant if the act is done in the course of employment. Employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person's employment. This is known as vicarious liability.
In order to be vicariously liable, there must be a requisite relationship between the defendant and the tortfeasor, which could be examined by three tests: Control test, Organisation test, and sufficient relationship test. The modern test of vicarious liability consists of two steps. For a party to be held vicariously liable for a tort there must be: An employer-employee relationship between that party and the tortfeasor. A sufficiently close connection between that employment and the tort committed.
Vicarious can be defined as „a concept used to impose strict liability on a person who does not have primary liability, that is, not at fault?. Vicarious liability is not a tort. Literally, it means that one person is liable for the torts of another. The employer is liable for the torts of his employee.
When an employee commits a tort in the course of performance of his duty, the liability of the employer arises for such wrongful act. The employer will be liable because of the employee-employer relationship between the two. Both can be held liable for the same wrongful act. The “reasonable person” is a hypothetical individual who approaches any situation with the appropriate amount of caution and then sensibly takes action. It is a standard created to provide courts and juries with an objective test that can be used in deciding whether a person's actions constitute negligence.
A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee, C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D’s leg, causing major injuries to him. D sued A for damages.
D will succeed since C was employed by A
D will not succeed since A had not authorised C to drive the bus
D will not succeed since the bus was not on an official trip
D will succeed since turning the bus was in the course of employment
D will not succeed since A had not authorised C to drive the bus.
By: Parvesh Mehta ProfileResourcesReport error
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