Question

Consider the case of Mr. X, who left the cellar hatch open, and Mr. Y, who fell through it. Mr. X was an employee of the Z company, and as a matter of fact Mr. Y claimed compensation from the Z company, adducing that Mr. X had not taken sufficient precautions because he left the cellar hatch open. What liability the Z company has for the fault of Mr. X?

• A. Strict Liability
• B. Vicarious liability
• C. Fault Liability
• D. None of the above

Hint:

Remember the core idea of vicarious liability: being responsible for someone else's actions due to a special relationship. The most common relationships are:

Employer-Employee (Master-Servant)
Principal-Agent
Partners in a partnership firm

Answer 1

The Correct Option is B

Step 1: Understanding the Legal Scenario
The scenario describes an injury caused by the negligence of an employee (Mr. X) while performing his duties. The injured party (Mr. Y) is suing the employer (Z company) for the employee's fault. The question asks for the type of legal liability that applies to the employer.

Step 2: Defining the Types of Liability


(A) Strict Liability: Liability that is imposed without a finding of fault (negligence or intent). It is applied in cases involving inherently dangerous activities. While applicable in some torts, it's not the primary doctrine for an employer's liability for an employee's actions.

(B) Vicarious liability: This is a legal doctrine where one person is held responsible for the torts (wrongful acts) of another. The most common example is an employer being held liable for the negligent acts of an employee committed within the scope of their employment. This is based on the principle of \textit{qui facit per alium facit per se} (he who acts through another acts himself). This perfectly matches the scenario.

(C) Fault Liability: This is the general principle that a person is liable for the harm they cause through their own fault (negligence or intention). Here, Mr. X has fault liability, but the question is about the Z company's liability.


Step 3: Final Answer
The liability of an employer for the wrongful acts of their employee is known as vicarious liability. Therefore, option (B) is the correct answer.