Skip to main content

Vicarious Liability including State Liability

 Vicarious Liability including State Liability

Generally speaking a person is liable for his own acts but in many cases he may be held responsible for the torts committed by others. This is known as the “Vicarious Liability”, i.e., liability incurred for, or instead of, another. 

The common examples of such a liability are: liability of the principal for the tort of his agent; liability of partners for each others torts; and, liability of the master for the tort of his servant.

Liability arising out of a Special Relationship

Principal and agent:

when the principal expressly or impliedly authorises some act to be done, he is liable for such an act of the agent if the same has been done in the course of performance of his duties as an agent.

The law attaches liability to the principal for the wrongful act of his agent, on the ground that it is the principal who has selected the agent.

In case State Bank of India V. Shyama Devi, the court held that if a bank employee receives some cash and cheques from his friend, in his personal capacity without giving any proper receipt, for depositing the same with the bank, the bank cannot be made liable, if the employee misappropriates the cash and cheques.


The relation of partners inter se is that of principal and agent, and each partner is, therefore, liable to third persons for the neglect or fraud of his fellow-partner. 

If any one of the partner commit any tort in the ordinary course of business of the firm, all the other partners in the firm are liable for that to the same extent as the guilty partner. 

The liability of each partner is joint and several.

Company and its directors: Companies are liable for torts committed by their servants in the course of their employment.

But the wrongful act complained of should be intra vires and not ultra vires (i.e., it should be within the power of the company) and should be e done for the company. Directors are personally responsible for any tort which they themselves commit or direct others to commit, although it may be for the benefit of the company.

Master and servant:

A master is liable for the torts committed by his servant while acting in the course of his employment. The servant is also liable. They are considered to be joint tort-feasors and their liability is joint and several. The master's liability arises when the following essentials are present:

  • The tort was committed by his servant;

  • The servant committed the tort while acting in the course of the employment.

The master’s liability arises only when both these conditions are satisfied.


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti