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Slide Presentation on Vicarious Liability in Law of Tort

Vicarious Liability is a strict liability in law of tort, means liability for a wrong committed by another person.

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Slide Presentation on Vicarious Liability in Law of Tort

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  1. Slide Presentation onVicarious Liabilityin Tort Law Course Title: Law of TortsCourse Code: LLBH 109 Presented byBiswas Soumendra Dev DipuStudent ID: 202911007Batch: 202Department of LawGreen University of Bangladesh Presented toMirza Farzana Iqbal ChowdhurySenior LecturerDepartment of LawGreen University of Bangladesh

  2. Topic Covered z • What is Tort? • What is Liability? • Some General Liability in Tort • What is Vicarious Liability? • Meaning • Liability for ground Partners • Master and Servant • Liability for torts by independent Contractor • Principal and Agent • Firm and Partners • Who can sue for whose Vicarious liability?

  3. What is Tort/Law of Torts? • Civil wrong but not breach of contract or trust • Violation of Right must towards person in general (Legal Right fixed by law) • Remedy is the form of Compensation • Tort Law is Uncodified in Bangladesh • Every Individual has to approach a Civil Court for Compensation

  4. What is Liability in Tort? • Legal obligation of one party to a victim as a result of a Civil Wrong or Injury. or,  • A tortfeasor will have to reimburse the victim for the harm that they caused them.

  5. Some General Conditions of  Liability in Tort • An act or Omission on the part of the defendant • Mental Element viz. Intention, negligence or breach of strict duty • Injury or Violation of legal right of the plaintiff

  6. What is Vicarious? 'Vicar' means representative or agent for a superior  + 'ous';means who performs the functions of another, a substitute.

  7. What Vicarious Liability in Tort? 'Vicarious Liability'  means liability for wrongs committed by another person.

  8. Relations in which Vicarious Liability arises • In this term one may be held laible for another person's committed wrongs;  • Master - Servant • Partner – Partner • Employer – Independent Contractor • Principal - Agent

  9.  Liability of the Master for the act of his Servant: •  The liability of the master for the act of his servant is based on the principle of ‘respondent superior’, which means ‘let the principal be liable’. • In tort, the wrongful act of the servant is thus deemed to be the act of the master. However, such wrongful act should be within the course of his master’s business and any act, which is not during such business, will not make the master liable.

  10.  Liability of the Principal for the act of his Agent: When a principal authorizes his agent to perform any act, he becomes liable for the act of such agent provided the agent has conducted it during performance of duties. 

  11.  Liability of the Partners: For the tort committed by a partner of a firm, in the normal course of business of that partnership, other partners are responsible to the same extent as that of the partner who is in fault. The liability thus arising will be joint and several.

  12.  Liability of Independent Contractor: In general an employer is liable for wrongs committed by servants during his employment, but he is not liable for torts of his independent contractor as they are not his actual employee. There however, certain exceptions like Personal Fault, Unlawful Job, Extra Hazardous work, D-Statutory Duty can hold employer Liable .

  13. Some Facts about Vicarious Liability • The person who commits tort can always be sued and it cannot be an excuse that he was acting as servant or agent for another person, therefore, always liable for what he does and can be sued by the injured person. • Whenever a person is injured due to tort committed by the servants it is open to the plaintiff to sue the servant and master both or only one of them.

  14. Thank You for Attending  the presentation. If  you have any question to ask, feel free to do so.

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