1. INTRODUCTION:
From the point of view of justice, the one who commits an evil is a wrongdoer and must be held responsible for that evil. However, there are some circumstances where one is responsible for the mistakes made by others. This rule is called vicarious liability. This concept makes the tort law similar to the criminal law in Sec. 34 and 149 of the Penal Code.
2. DEFINITION OF LIABILITY:
I. ACCORDING TO THE SALMOND:
“Responsibility is the bond of necessity that exists between the wrongdoer and the wrongdoer’s reparation.
3. TYPES OF LIABILITY:
The different types of liability are listed below:
(I) Civil liability
(ii) Criminal liability
(iii) Repair responsibility
(iv) Subsidiary liability
(v) Strict liability
4. MEANING OF VICARY LIABILITY:
The word vicar is taken from the word VICAR which means representative of God, in a Christian church vicarious responsibility means representative, responsibility or responsibility of a person for an injury committed by others.
5. DEFINITION OF VICARY LIABILITY:
FLEMING:
Vicarious liability is a principle in which the law holds one person responsible for the misconduct of another.
6. VICARY LIABILITY IN CRIMINAL LAW:
Indirect liability is not common in criminal law. One person cannot be punished for a crime committed by another. Indirect liability for crimes is governed by Sec. 34 and Sec. 149 PPC that held the person responsible for the acts of others.
7. VICARY LIABILITY IN CIVIL CASES:
Civil law recognizes the principle of indirect liability. The right of the aggrieved party to receive rectification continues against the representative of the dead.
8. RIGHT OF VICARY LIABILITY
I. LIABILITY FOR RATIFICATION:
A person is liable for the acts of another person if that person has committed that act with the prior authority of that person or if that person subsequently ratified that person’s act.
Conditions The following conditions must be met to hold one person responsible 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.
(vs) Illegal and null acts cannot be ratified.
II. LIABILITY FOR COMMITMENT: A person who incites to commit the offense is responsible for that act.
III. RESPONSIBILITY OF THE RELATIONSHIP:
Responsibility for the acts of others may arise from the special relationship between them.
(a) Master and Servant:
A master is responsible for every act of the servant that is committed in the course of employment, service or business, even if no express mandate is proven. This is based on the maxim “Let the superior be responsible.”
> Reasons for the indirect responsibility of the captain:
The reasons for the vicarious responsibility of the master for the injury of his servant are as follows.
(To) The teacher is in a superior position.
(B) He derives comfort from the service of his servant.
(vs) He is considered rich.
(D) You can pay damages.
(me) Negligence of the master to select his servant.
> Cases in which the Master is not responsible for the injury of his servant
In the following cases, the master is not responsible for the acts of his servant.
(To) Case where the servant deviated from the instruction of his master.
(B) Case where the act is carried out outside the course of the service.
(me) Where servant delegated his duties.
(F) Case in which the master is obliged by law to employ a servant.
(gram) Case where the act was performed by the servant outside the authority of the master.
Too…
(1) Principal and Agent:
A principal is liable to a third person for the wrongful act of his servant if it was carried out within the scope of his agency, although the principal did not authorize it.
(2) Company and Director:
A company is liable to third parties for damages arising from the performance of certain illtra vires acts by its directors.
(3) Firm and partner:
A company is liable for torts committed by a partner in the ordinary cause of the company’s business.
(4) Guardian and Guardian:
Guardians are not personally liable for torts committed by a minor under their care, but guardians can sue the minor under their care for personal injury on their 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 accountable for harm done by others. A person’s liability can arise in three ways under the law of torts.