Legal Law

Vicarious Liability Under Contract Laws

1. INTRODUCTION:

From the point of view of justice, whoever commits an evil is a criminal and must be held responsible for that evil. However, there are some circumstances in which one is responsible for the mistakes made by others. This rule is called vicarious liability. This concept makes tort law similar to criminal law in Sec. 34 and 149 of the Penal Code.

2. DEFINITION OF LIABILITY:

I. ACCORDING TO THE SALMON:

“The obligation or responsibility is the limit of necessity that exists between the wrongdoer and the wrongdoer’s remedy.

3. TYPES OF LIABILITY:

The following are the different types of liability:

(Yo) civil liability

(ii) criminal liability

(iii) repair liability

(iv) subsidiary 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 responsibility means representative, obligation or responsibility of a person for wrongs committed by others.

5. DEFINITION OF VICARIOUS LIABILITY:

I. FLEMING:

Vicarious liability is a principle in which 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 cannot be punished for a crime committed by another. Vicarious liability for crimes is governed by Sec. 34 and sec. 149 PPC that holds a person responsible for the acts of others.

7. VICARIOUS LIABILITY IN CIVIL CASES:

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

8. RESULT OF VICARIOUS LIABILITY

I. LIABILITY FOR RATIFICATION:

A person is liable for the acts of another person if that person has committed that act with that person’s prior authorization or if that person has subsequently ratified that person’s act.

Conditions The following conditions must be met for one person to be liable for the act of another on the basis of ratification.

(TO) Only such acts bind the principal, which is done on his behalf.

(b) The person who ratifies the act must have knowledge of the tortuous nature and of the act.

(against) Illegal and void acts cannot be ratified.

II. LIABILITY FOR SUPPORT: A person who instigates to commit evil is responsible for that act.

third RESPONSIBILITY OF THE RELATIONSHIP:

Responsibility for the acts of others may derive from the special relationship existing between them.

(a) Master and servant:

A master is responsible for all acts of the servant that are committed in the course of employment, service or business, even if no express order is shown. This is based on the maximum “Let the superior be responsible.”

> Reasons for the indirect responsibility of the captain:

The reasons for the vicarious responsibility of the master for the evil of his servant are the following.

(TO) The teacher is in a superior position.

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

(against) He is considered rich.

(d) You can pay for the damage.

(my) Negligence of the master to select his servant.

> Cases in which the master is not responsible for the wrong of his servant

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

(TO) Case in which the servant deviated from his master’s instruction.

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

(my) Where the servant delegated his duties.

(gram) Case in which the master is required by law to employ a servant.

(gram) Case in which the act was performed by the servant outside the master’s authority.

Also

(1) Principal and Agent:

The principal is liable to third parties for the wrongful act of his dependent if it was done within the scope of his mandate, even if the principal does not authorize it.

(2) Company and Director:

A company is responsible before third parties for damages derived from the performance of certain illtra vires acts by its directors.

(3) Firm and Partner:

A company is liable for damages committed by a partner in the ordinary cause of the company’s business.

(4) Guardian and Guardian:

The guardian is not personally liable for injuries committed by a minor in his care, but guardians may sue for personal injuries to a minor in his charge on his behalf.

9. CONCLUSION:

To conclude, I can say that a man is responsible only for his own acts, but there are certain circumstances in which he is held responsible for the wrong done by others. A person’s liability can arise in three ways under tort law.

Leave a Reply

Your email address will not be published. Required fields are marked *