Vicarious Liability
Abstract
Vicarious liability is a legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Vicarious liability is the attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment is vicariously liable for damages to the injured person.
The aim and objective of this paper is to analyze the different ways of making persons and corporations liable under the doctrine of vicarious liability. The researcher has drawn a parallel between the application
…show more content…
Common Law is the unwritten or uncodified law where decisions are given by the Courts on the basis of justice, equity and good conscience. Over the passage of time the concept of vicarious liability was codified in order to make the application of law more specific and unambiguous. The concept of vicarious liability has become an important factor in determining the extent of liability of a person for doing or failing to do a particular act or acts. In criminal law, unlike in the law of torts a master is not held to be vicariously liable for the acts of his servants or agents on the principle of respondent superior. This in turn means that only the person who commits the crime is held liable. However, the Indian Penal Code makes a departure from the general rule in a few cases on the principle of respondent superior. Under Section 154 and 156 of the Indian Penal Code the master is held liable for the acts committed by his agents or …show more content…
From the above analysis it is evident that the doctrine of Vicarious Liability is applied when a person is held liable for the acts of another where he has delegated the performance of the duties to another person by a statute or an Act of Parliament. A person or employer can also be held liable for acts which are physically done by his employee through delegation or sub delegation. In the Indian context the doctrine has been incorporated in various statutes as well as the Indian Penal Code. Therefore one can emphatically conclude that the concept of vicarious liability has been adopted to suit the Indian Context and using this doctrine not only natural persons but also legal persons such as corporations have been made liable under the law for dereliction of duty and improper execution of their
R. V. Saulte Ste Case Study
1403 Words | 6 PagesStrict liability strikes a good balance between the regulatory offences and the principle that the morally blameworthy may be punished by having to prove that the prohibited act was done beyond a reasonable doubt. Negligence is presumed, unless the defence establishes a defence of
Martin Lewis Case Study
1280 Words | 6 PagesState Bank of Lombard, 125 Ill.2d 203, 215-16, 126 Ill.Dec. 519, 531 N.E.2d 1358 (1988) (citing Restatement (Second) of Torts § 314 (1965)), in addressing the duty of care element of negligence by a landowner. The court found no duty of care exists to protect others from criminal activities by third persons unless a “special relationship” exists between the parties. Zeroing in on the special relationship language, the court found that even if a special relationship exists between parties, in Illinois a landowner’s liability extends only to “physical harm” caused by acts of third persons. Marshall, 222 Ill.2d at 437, 305 Ill.Dec. 897, 856 N.E.2d 1048 (citing Restatement (Second) of Torts § 344 (1965)). The court further distinguishes special relationship as business invitor and invitee.
Dawn Diaz V. Karen Tagliaferri Case
1086 Words | 5 PagesWhen applying this concept to a workplace scenario, you notice that an employer is the one who is entitled to any liabilities due to improper doings or negligence of duty doe by the employees. However, it is important to understand that vicarious liability can only be effective if it can be proven that the underlying liabilities were caused by actions within the course of employment operations (Giliker, 2011). For example, in Johnson v. Cornejo, Johnson sued Cornejo and Keep On Trucking Company (KNOT) for injuries caused due to a collision between a trailer truck and two passenger vehicles. Both Cornejo and KNOT were held responsible for vicarious liability since the multiple damages caused to the plaintiff occurred under the scope of employment (Johnson v. Cornejo, 2012). Similar to Diaz v. Carcamo, the Sugar Transport will be accountable for vicarious liability for the damages caused by Carcamo occurred within the scope of employment duty (Diaz v. Carcamo, 2010).
The Case Of Maynard Et Al. V. Snapchat, Inc.
1441 Words | 6 PagesThe third element of a negligence claim, causation, requires the breach of duty to be the proximate cause of the damages sustained by the plaintiff. Although the lower courts found McGee’s reckless driving to be an intervening act that broke the chain of causation, the intervening-cause rule “does not insulate the defendant if the defendant had reasonable grounds for apprehending that such [an] act [of a third party] would be committed.” Colvin wrote that
Should Jason Be Held Liable For The Death Of Pinky
1587 Words | 7 PagesIn order for a person to be found guilty of a crime, two elements must be present which are the actus reus (guilty act) and the mens rea (guilty mind). The first part of this essay seeks to consider the liability for homicide offences and also assess whether Jason, Welch, Ellis and Stevens have any potential defences based on the crimes they committed. P360 Will Jason be held liable for the death of pinky? Pinky suffered harm from Jason’s act, in a situation like this, we would need to look at s. 18, s. 20 and s. 47 of the offences against the person act 1861.
Patricia Williams Chapter 1
1041 Words | 5 PagesThe way of knowing about the Law leaves out important aspects of the society, “legal language flattens and confines in absolutes the complexity of meaning inherent in any given problem […] a paradigm of larger social perceptions that divide public from private, black from white, dispossessed from legitimate” (Williams, 1991, pp. 6-7). The quote explains the way in law many aspects of the social life, of reality, as left out. This division in Law leaves out important aspects that should be taken into consideration. Legal language can disguise important cultural, social, historical aspects that may affect the interpretation and the consequences of a legal decision or a law, by its way of “flattening” important topics. Therefore, the Law is not written in stone and aspects of reality should be taken into consideration.
Patients Shooting Research Paper
404 Words | 2 PagesName That Liability The name of the responsibility is negligence due to falls of patients in intensive care unit. The liability may occur due to the medical staff that forget to put the brakes on the beds, put in a low position, the call light within reach and personnel items easily reach to every patient. These falls can bring a lot of injuries to patients and fractures (loss of continuity of bone tissue. It ranges from a small crack to total bone fracture displacement of the two ends of the bone fracture), trauma to the skull and face (injuries to the skull and face are especially important, since the intensity of the shock can affect the central nervous system (CNS), located within the cranial cavity), trauma to the extremities (as a result
Summary: The Injury Of Employee Simulation
622 Words | 3 PagesHowever, the employer is still responsible for the job-related injury of a private contacotr. However, it is worth noting that the laws surroduning reciieinvg fincial compensation for a work related injury as a privat econtracotr, varies from state to state. Complexity Surrouding Work Related IInjury
Is Dick Liable For Bill's Death Essay
698 Words | 3 PagesBoth Herbert’s supervisor and the company’s president should be held vicariously liable for Missy’s death. However, to answer why they would be liable the term vicarious liability must be defined for understanding. This form of liability is defined as “liability or accountability of one person for the act of another” (Chamelin & Thomas, 2012, p. 49). In this case, it is the lack of employer negligence and negligent supervision that would cause for both the supervisor and company president to be liable for this young girl’s death.
Eggshell Skull Rule Case Study
3243 Words | 13 PagesCHAPTER-1 Introduction The eggshell skull is also called the thin skull rule or colloquially as ‘You may take your victim as they come’ and comes from the Latin maxim talem qualem. This rule holds one liable for all consequences resulting from his or her tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition). The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition injured that person's head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if the tortfeasor did not intend to cause such a severe injury.
Civil Rights Act Of 1964 Essay
1584 Words | 7 PagesIf an employee harms someone who is hired by "negligent hiring", which is when an employer doesn't take careful consideration into who he is hiring, or by "negligent retention", which is when an employer keeps a dangerous employee, then the employer is held liable for that
Intentional Tort: Court Case Study
556 Words | 3 PagesTherefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to
Advantages And Disadvantages Of The Common Law System
1268 Words | 6 Pages[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Tort Of Negligence Essay
1154 Words | 5 PagesForeseeability means whether a ‘reasonable person’ would have foreseen the damage in the situations. It is the leading test which is used to determine proximate cause. The important point is a duty of care may not be owed to a particular claimant, if a claimant was unforeseeable. Foreseeability and proximate cause will be discussed
Environmental Law In India
1918 Words | 8 PagesIn this case, Shriram Industries was allowed to operate in a designated air pollution control area. Oleum Gas leaked accidentally from the factory. Though the company was in compliance with the limits permissible air pollution laws at that time, the Supreme Court of India slapped the company with liability for the accidental leakage of gas. Hence, Courts of India uphold the “polluter pays principle” for damages caused on account of polluting activities whereby the polluting parties have to pay out civil liabilities for environmental
More about Vicarious Liability
R. V. Saulte Ste Case Study
1403 Words | 6 PagesMartin Lewis Case Study
1280 Words | 6 PagesDawn Diaz V. Karen Tagliaferri Case
1086 Words | 5 PagesThe Case Of Maynard Et Al. V. Snapchat, Inc.
1441 Words | 6 PagesShould Jason Be Held Liable For The Death Of Pinky
1587 Words | 7 PagesPatricia Williams Chapter 1
1041 Words | 5 PagesPatients Shooting Research Paper
404 Words | 2 PagesSummary: The Injury Of Employee Simulation
622 Words | 3 PagesIs Dick Liable For Bill's Death Essay
698 Words | 3 PagesEggshell Skull Rule Case Study
3243 Words | 13 PagesCivil Rights Act Of 1964 Essay
1584 Words | 7 PagesIntentional Tort: Court Case Study
556 Words | 3 PagesAdvantages And Disadvantages Of The Common Law System
1268 Words | 6 PagesTort Of Negligence Essay
1154 Words | 5 PagesEnvironmental Law In India
1918 Words | 8 Pages