Friday, 4 February 2022

VICARIOUS LIABILITY

 VICARIOUS LIABILITY

  • Introduction

Vicarious Liability is the obligation of a person for an act of another person because of the relationship between them. For: Saurav works as a driver for Gaurav, Gaurav sent Saurav to take Suryash, Gaurav's friend to the Airport. On their way, Saurav hits a person since he was driving a car rashly. In this circumstance, Gaurav was not present in the car while the car hit the person, but still, he would be held accountable for the accident caused by Saurav. This is due to vicarious liability.

So, vicarious liabilities only handle the situations where the person is obligated for some other person's actions. It is seen as an exception to the basic rule that the person is obligated for his acts only. Vicarious liability is established on the principle of 'qui facit per se per alium facit per se', which refers to 'He who does an act by another is deemed in law to do it by himself'.


  • Essentials of Vicarious Liability

The requirements of vicarious liability are:

1. There must be some kind of relation between the parties.

2. The wrongful act must be commissioned by the other person

3. The wrongful act must occur during the time of employment.


  • Vicarious Liability in Medical Care

For any wrongful done by the employee in any medical organization, the hospital or the doctor is vicariously liable for the injuries. The employees consist of all the nurses, physicians, technicians, administrative departments, lab assistants and other staff members.

Vicarious Liability promotes enhancing the conditions of the hospital as the hospital is responsible for all the staff. So, any medical institution or hospital must prioritize proper credentials or qualifications for the employees to do their jobs but this doesn't go for a healthcare provider who is the free contractor of the hospital.


For illustration, X had surgery at ABC hospital, and the doctor strange performed the surgery. The surgery went well but Doctor Strange left his ring inside X's stomach. Now, in this situation, Doctor Strange is accountable for negligence but X can sue both ABC hospital as well as Doctor Strange as the hospital is accountable for the acts of the doctors.


  • Types of Vicarious Liability

When a few men or woman is chargeable for damages as a result of the opposite man or woman due to the fact there has been sure control, ownership, or route concerned, then the legal responsibility is called vicarious legal responsibility. 


  • Principal Liability

When someone permits some other man or woman to apply his car to carry out a venture for the proprietor and whilst doing the venture, the man or woman reasons damages or harm via negligence, in this case, the proprietor is chargeable for the damages via vicarious legal responsibility. 

For example, A has the latest surgical treatment and became on whole mattress rest, he requested B to finish his coverage paintings via way of means of sending the papers to the company, A lends his vehicle to B, throughout the drive, B had a twist of fate due to recklessness, on this case, A is chargeable for B`s twist of fate. 

In some other state of affairs, after finishing A`s paintings B used his vehicle for her non-public use and met a twist of fate throughout the route of her paintings, in this example A isn't chargeable for B`s twist of fate. This indicates that the route of employment of the proprietor is necessary. 


  • Parental Liability

In any case, whilst an infant creates harm via way of means of taking benefit of the state of affairs created via way of means of their mother and father, the mother and father are chargeable for the damages. The conditions may be permitting an infant to drive or leaving a loaded weapon in an infant`s reach. In the shortage of parental supervision, the mother and father are vicariously chargeable for their infant`s negligence. 

For example, A is the mom of 10-year-vintage B, whilst acting the everyday chores she became now no longer capable of maintaining an eye fixed on B, and B broke the automobile of C. In this case, A is vicariously chargeable for B`s movements as B is the son of A and he or she has to maintain an eye fixed on B`s movements. 


  • Conclusion

Vicarious legal responsibility offers with simplest the one's instances whilst one man or woman is chargeable for the movements of some other man or woman. And the accountable man or woman has to be advanced to the opposite man or woman. The man or woman who commits incorrect has to be withinside the route of employment. The route of employment is critical for vicarious legal responsibility. 



 



Written By Parul Sharma


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