Question

In Tort, what is 'vicarious liability'?

• A. A person is generally liable for his own wrongful act
• B. A person is liable for the wrongful act done by other person
• C. A person is liable for the wrongful act in his absence
• D. None of the above

Hint:

The maxims that form the basis of vicarious liability are qui facit per alium facit per se (he who acts through another does the act himself) and respondeat superior (let the superior be responsible).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The general rule in tort law is that a person is liable for their own wrongful acts. Vicarious liability is a significant exception to this rule.

Step 2: Detailed Explanation:
'Vicarious liability' means the liability of one person for the tort committed by another person. The word 'vicarious' means 'acting or done for another'.
This liability arises due to a specific relationship between the two persons. The most common examples are:
1. Master and Servant: An employer is liable for the torts committed by their employee during the course of employment.
2. Principal and Agent: A principal is liable for the torts committed by their agent while acting within the scope of their authority.
3. Partners: All partners in a firm are liable for the torts committed by any partner in the ordinary course of the firm's business.
Option (A) describes the general rule of personal liability, not vicarious liability. Option (B) accurately describes the concept of being held liable for another's act.

Step 3: Final Answer:
Vicarious liability is the principle where a person is held liable for the wrongful act done by another person.