Ananya Chakilam, Symbiosis Law School, Symbiosis International (Deemed University)
ABSTRACT
This particular paper is about the concept of “Vicarious liability” and the association shared among a Principal- his Agent. It is a common rule in the law of Torts, a party can only be held liable for their personal wrong or unlawful acts. The concept of “ Vicarious liability” is an exception wherein a person can also be held responsible for acts performed by others. This research paper presents an overview of rights, duties, and liabilities that exists in the vicarious liability of the principal and an agent. Vicarious liability usually takes place where an individual should have committed an unlawful or wrongful act did it for another person. therefore according to the tort of “vicarious liability”, the parties on whose behalf an act was committed and the person who does the act can be held liable or responsible. There are several relationships where the exception of vicarious liability is applicable.
They are as follows:-
Master-Servant relationship, Firm -partner relations, The Guardian and Ward, Principal and an agent, Company and director, Owner and an Independent contractor.
This research particularly is about the principal-agent relationship, Rights, duties, and liabilities shared between them, An” agent” is an individual who is responsible to do any action which is authorized by another person known as the principal and simultaneously, acts in his place. An act that was done by the agent causing a legal injury to the third party makes the principal vicariously liable for such an act. If the tortious/unlawful action is conducted by an employee or an agent in the “course of employment” then the master/principal can be held responsible. If the principal has to be held responsible for the actions of the servant, it needs to be proven that the agent/servant was acting rightly or wrongly in the “course of employment”.
Keywords: vicarious liability, principal and agent, fiduciary duty, the course of employment.
