Question

Under the vicarious liability, the liability is:

• A. Joint
• B. Several
• C. Both (i) and (ii)
• D. Either of the above depending upon facts and circumstances of the case

Hint:

Vicarious liability can result in either joint or several liability depending on the legal context and the facts of the case. Always consider the details of the case when determining the nature of liability.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept of Vicarious Liability:
Vicarious liability refers to a legal doctrine where one person is held liable for the actions of another. This is typically applied in the context of employers being held responsible for the actions of their employees when those actions are performed within the scope of employment. However, the nature of the liability (whether joint or several) can vary depending on the case's specific facts.
Step 2: Detailed Explanation of the Options:
- (A) Joint: In joint liability, all parties involved share equal responsibility for the outcome. This could apply in some cases under vicarious liability, but it is not always the case.
- (B) Several: Several liability means that each party is individually responsible for the entire amount of liability. This would also depend on the circumstances of the case and may not always apply in vicarious liability situations.
- (C) Both (i) and (ii): This option suggests that both joint and several liability can apply, but this is not always true, as it depends on the facts of the case.
- (D) Either of the above depending upon facts and circumstances of the case: This is the correct answer. In some cases, vicarious liability could result in joint liability, while in others, it might be several. The determination depends on the specific facts of the case.
Step 3: Final Conclusion:
The correct answer is (D) Either of the above depending upon facts and circumstances of the case, as the nature of vicarious liability can vary depending on the situation.