It is said that everyone is responsible for his own acts or his wrong doings. But there are some exceptions in which someone else has to give the liability. In this way, you are innocent but law makes you liable for other’s acts and wrong doings.
Situations of Vicarious Liability
There are three situations in which vicarious liability arises. These are:-
1. Liability arising out of abetment.
2. Liability arising out of special relationship.
3. Liability arising out of ratification and authorization.
Liability arising out of abetment
It is a situation in which you instigate another person to do an act or any kind of crime. In action of wrongs, those who abet the tortuous acts are equally liable with those who commit the wrong.
Case Law: Poulton V. S.W. Ry 1867 (R2Q6534)
Liability arising out of ratification and authorization
It is an action in which you give the authority to another person to do a legal act but the person misuses your authority and does a wrongful act. In this situation, you own that act, for you have not given the authority, which is ratification.
Here, who authorizes the act, is responsible for that act although you are not the wrong doer. This is on the behalf of the third party that what third party wants. This is a proper authorization but that is not for any wrong doing.
For example: Export of 60 Articles
40 expensive articles having insurance
20 inexpensive articles having no-insurance
Your agent makes insurance of all 60 articles, if you own that it is all right about 60 insurance articles.
An act which is illegal and void is incapable of ratification. A ratification of Tort by a principal will not free the agent from his responsibility to third person.
Liability arising out of special relationship
Master and Servant
In this situation, one renders his services independently whether for wages of not. In this way, one obeys the orders of another person and does the acts under his directions and supervisions.
1. Master’s liability to third person.
2. Servant’s liability to third person.
3. Master’s liability to servant.
4. Servant’s liability to master.
Master’s liability to third person
A wrongful act which is done by a servant in course of his employment, in this, master is liable for servant’s acts and the master has to give the compensation.
“Let the superior be responsible”.
Master is responsible for his servant’s acts to the third person.
Servant’s liability to third person
A servant is not liable for any wrongful act which is done in course of his employment or any kind of non-feasance to the third party.
Master’s liability to servant
In this situation, master is liable is liable to servant, if any physical and personal wrongful act is done by the servant in course of his employment, then master will have to give the compensation to the third party.
“Work’s man Compensation Act, 1925”
In this act, master is responsible to provide him competent fellow servants, if he does not provide such fellow servants, then master is responsible for any wrongful act by any servant or fellow members.
Servant’s liability to master
A servant is responsible or liable to pay back those damages to his master, which had given by the master as compensation to the third party for the wrongful act done by the servant to the third party.
Employer and Independent Contractor
An independent contractor is one who undertakes to provide a given result without being in any way controlled as to the method by which he attains that result. An independent is not under the supervision of his master or for which he does a work. In this way, any wrongful act done by independent contractor and his agents, the independent contractor id responsible for that acts.
Justification of TortsGeneral Defenses
There are various conditions which when present, will prevent an act from being wrongful in their absence would be wrong. Under such conditions an act is said to be justified or executed.
Act of State
It is basically any injury done against an Alien by the servant of that state either previously authorized or subsequently ratified by the state. It is basically English law and no action can be done against English state.
Executive Acts
No action will lie against an officer who executes the orders of a public authority which are valid. So, valid orders of executive are immuned from Law of Torts.
Acts authorized by Legislature or Statutory
If the legislature authorizes an act, no act can be done for that act. No file can be suit against any act authorized by legislature, they are immuned.
Judicial Acts
No action can be done against judges, if they are in their judicial capacity although the motive was malicious. There is immunity for them.
Quasi-judicial Acts
Persons exercising quasi-judicial authority are also immuned from civil action if they observe the rules of natural justice.
Like: Disciplinary committee of university.
Parental Acts
Parents are authorized all over the world to inflict moderate and reasonable punishment upon their children for their betterment. They are also immune in this respect.
Quasi-parental Acts
People performing the duties of your parents in their absence like guardian and teacher, they are also immune if they do an act for the betterment of the children.
Inevitable Accidents
An unavoidable accident which could not be performed by the exercise of ordinary care and skill. No suit can be filed for such an act.
Act of Necessity
It is said, “Welfare of the people is supreme law”.
Due to extreme necessity if you break the laws, you are immuned from Law of Torts. Like: Due to fire, you demolish the next shop because it would be going to catch the fire.
Leave and License
“Volenti Non Fit Injuria”
“Willing person suffers no wrong”.
If the harm suffered voluntarily does not constitute a legal injury, it is unactionable and also immunity from Law of Torts. Like: You, with your own consent doing something, although you that is harmful.
Exercise of Common Rights
If you are exercising the common rights in a proper way and causing damage to someone, it would be unactionable and that person cannot suit a file against you. Like: Damnum Sine Injuria”.
Private Defense
Law allows reasonable private defense (to protect yourself and your property), if injury is caused in exercise of private defense, it will be unactionable.
Mistake of Fact
It may be noted that mistake of law is never be a good defense and mistake of fact is not a good defense. It has no liability in Law of Torts.
Contributory Negligence
In the situation contributory negligence, no damage can be claimed, because it is an expression which implies that the person, who has suffered damage is also guilty of some negligence.
Acts causing slight harm
“Law does not take account of trifling”.
In this respect, it is said that causing slight rather than infringement of legal right are unactionable in Law of Torts.
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