Vicarious Liability Analysis

INTRODUCTION TO VICARIOUS LIABILITY

The misconduct doctrine that imposes responsibility upon one person for the failure of another, with whom the person incorporates a special relationship (such as Parent and child, employer and employee, or owner of vehicle and driver), to exercise such care as a fairly prudent person would use underneath similar circumstances.

Vicarious liability could be a legal belief that assigns liability for an injury to someone who failed to cause the injury however who incorporates a specific legal relationship to the one who did act negligently. It’s conjointly spoken as imputed Negligence. Legal relationships that may cause imputed negligence embrace the connection between parent and child, Husband and wife, owner of a vehicle and driver, and employer and employee. commonly the freelance

It implies that he who will an act through another will it by himself. This maxim is that the origin of the principle of vicarious liability that says that the master or principal is liable for his servant’s or agent’s act. Or in alternative words the master or principal is control liable for his servant’s or agent’s work. Once a servant is entrusted by his master to try and do some forms of works, on behalf of or in absence of the master, the servant is left to see everything arise in keeping with the circumstances. The servant is entrusted the style during which the work is to be done. Therefore the master is in charge of the wrongs or omissions of his servant, thus entrusted to try and do the act. In keeping with this maxim, the master or principal is control liable either for the style of doing such work by his servant or the work ought to not be done by his servant below such circumstances. However it's to be unbroken in mind that the master isn't control liable, if the servant will the act below sudden want, throughout the course of his employment, while not being entrusted the least