Vicarious liability: master and servant, course of employment, principal and agent
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit I: Liabilities — strict liability and absolute liability; vicarious liability: scope and justification. · LLB · 60 min
Liability for the tort of another: the meaning of vicarious liability and its justifications (respondeat superior, qui facit per alium facit per se, control, deep pocket, enterprise risk); who is a servant (control, integration and multiple tests), servant and independent contractor, hospitals and doctors; the course of employment - wrongful modes of doing authorised acts (Limpus, Century Insurance, Rose v. Plenty), fraud (Lloyd v. Grace Smith), theft and mistake, and acts outside it (Beard); lending a servant (Mersey Docks); principal and agent, partners and companies; and the Indian cases (State Bank of India v. Shyama Devi, Pushpabai Udeshi). It answers 2017-18 (A5, A6, C4), 2019-20 Q C3 and 2023-24 Q1(c) and Q5(a).
Objectives
- Define vicarious liability and explain the maxims respondeat superior and qui facit per alium facit per se.
- Explain the theoretical justifications for vicarious liability.
- Apply the control, integration and multiple tests to decide who is a servant, and distinguish a servant from an independent contractor.
- State Salmond's test of the course of employment and apply it to prohibited acts, negligence, fraud, theft and mistake.
- Explain the liability of the general and the temporary employer, of principals for agents, and of partners and companies, with the Indian cases.
Slides
- Meaning of vicarious liability
- Basis: respondeat superior, qui facit per alium and the modern theories
- Who is a servant? Control, integration and multiple tests
- Servant and independent contractor; hospitals and doctors
- Course of employment: Salmond's test and wrongful modes
- Course of employment: fraud, theft and mistake
- Acts outside the course of employment
- Lending a servant: the general and the temporary employer
- Indian cases: Shyama Devi and Pushpabai Udeshi
- Principal and agent, partners and companies
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