Vicarious liability
The liability for other’s wrongful acts arises in three ways
1. Liability arising out of special relationship
2. Liability by abetment
3. Liability by ratification
Generally a person is liable for his own wrongful acts and not liable for acts done by others. But in
case of vicarious liability a person is liable for acts of another provided there is a some relationship of
1. Liability of principal for torts of his agent (Lloyd v Grace Smith, SBI v Shyma Devi)
2. Partners (Hamlyn v Houston)
3. Liability of Master for servant (Lloyd v Grace smith)
Basis of Liability
1. Qui facit per allium facit per se (He who acts through another is deemed in law as doing it
himself)
2. Respondent superior (superior must be liable)
Master and Servant
1. Tort was committed by servant (Not independat contractor- morgan v incorporated central
council- lift fall case
2. Servant Committed the tort in the “course of his employment”
Tort was committed by Servant
Person employed by another to do work under direction and control of his master.
Independent contractor is not servant and constitutes no liability (Morgan v. Incorporated Central
Counsil- lift shaft case)
Servant Committed the tort in the “course of his employment
Lloyd v Grace Smith --- it is course of employment
Shyama devi vs SBI—no course of employment
SBI v Shyma Devi --- it is not course of employment
