Vicarious liability is a legal principle where one person is held liable for torts committed by another due to their special legal relationship.
1. Core Legal Maxims
- Qui facit per alium facit per se: He who acts through another acts himself.
- Respondent Superior: Let the principal answer.
2. Master-Servant Relationship
A master is vicariously liable for torts committed by their servant in the course of employment.
- Servant vs. Independent Contractor: A servant is employed under a "contract of service" where the master controls both what to do and how to do it. An independent contractor operates under a "contract for services" using independent discretion; masters are generally not liable for their torts.
3. Course of Employment
An act is in the course of employment if it is:
- Authorized by the master; or
- An unauthorized mode of performing an authorized act.