Critical Analysis of Vicarious Liability

  • Ayushi Singh
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  • Ayushi Singh

    Student at School of Law, NMIMS, Navi Mumbai, India

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Abstract

This paper is about vicarious liability, “or the relationship between a Master and a Servant. A case in which someone is held liable for the acts or omissions of another person is known as vicarious liability. This research paper presents an overview of what vicarious liability actually is and it explains the different essential conditions to establish to hold one liable under vicarious liability. It explains the various terms and the different kinds of relationships. Firstly, the objectives are mentioned and in the latter part there are interpretation and case laws provided to prove the given objectives and the research questions. This paper gives a short and detailed summary of vicarious liability . The entire research is based on secondary data which includes newspapers, blogs, articles, research papers, online websites and various documents from various sources. The introduction part presents an outline about vicarious liability, the interpretation part gives a gist of the three various condition to make one liable through the act of others and finally the case laws are given to elucidate the same and hence follows the conclusion. The term administration refers to the state or government's liability for the torts committed by its servants, which is a complicated issue, especially in developing countries with expanding state activities. The standards of public law derived from British common law, as well as the rules of the constitution, regulate the government's tort liability. Vicarious Liability refers to situations in which one party is held responsible for the actions of another. As a result, in a case of vicarious liability, both the individual and the other are responsible for the actions of the other. In a case of vicarious liability, both the person who orders the act and the person who performs the act are responsible. As a result, employers are held vicariously responsible for the torts incurred by their workers while on the job. The constitution's position on state liability is as follows: Clause (1) of article 300 states that the government of India can sue or be sued in the name of the union of India and the government of the state. Since the administration's liability today is in direct succession to that of the East India company, it is essential to understand the liability criteria of the administration today. East India Company was established as a commercial entity, but it eventually gained sovereignty. The distinction between sovereign and non-sovereign roles is made by political forces.”

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4533 - 4548

DOI: https://doij.org/10.10000/IJLMH.111034

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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