vicarious laibility
Abhay
(Querist) 28 October 2009
This query is : Resolved
dear expert,
plz explain me what is vicarious laibility in criminal cases??
and my 2nd request is i have to write an artical on any topic related to law plz provide me with some easy nd effective topics with some matter.....
thank you....
PJANARDHANA REDDY
(Expert) 28 October 2009
BEING RESPONSIBLE BECAUSE SOMEONE ELSE IS RESPONSIBLE.,INDIRECT LEGAL OBLIGATION.
ex:an employer is liable for the the negligence of its employee
please find attached one article, use your own brain and write.
Sachin Bhatia
(Expert) 28 October 2009
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
Sachin Bhatia
(Expert) 28 October 2009
Vicarious liability is a legal concept, which refers to one party being held liable for the injury or damage sustained by another party, despite the fact that they had no active involvement in the incident. People or entities typically charged with vicarious liability include supervisors or companies since they bear responsibility for the actions of their employees.
Sachin Bhatia
(Expert) 28 October 2009
Who Can Be Charged With Vicarious Liability?
There are a variety of situations in which a party may be charged with vicarious liability including, but not limited to:
• Contractors often face charges of vicarious liability if their subcontractors fail to complete a job, perform the job inadequately, or are found guilty of other contract violations.
• Parents may be charged with vicarious liability when the actions of their children cause harm or damage to another person or property.
• Employers may also be involved in a number of situations in which they face vicarious liability, including sexual harassment of one employee by another, discriminatory behavior by an employee against fellow employees or customers, or any other action in which an employee causes harm regardless if the employee is acting against policies set by the employer.
• And most recently, vicarious liability suits are being explored against the manufacturers of mobile phones whose use contributes to car accidents.
Vicarious Liability and Your Legal Rights
The intent behind vicarious liability is to hold the proper party accountable when harm is committed. Parents, for instance, have a responsibility to ensure their children abide by societal laws. In some cases, however, a vicarious liability charge is based on an unreasonable expectation of the defendant''s ability to control a person or situation.
Anish goyal
(Expert) 28 October 2009
Hey let me provide you two example of vicarious liability in IPC READ SECTIONS 154, 155.
K.C.Suresh
(Expert) 29 October 2009
Anish Good stuff you have furnished. Thanks and keep it up
Theja
(Expert) 29 October 2009
As explained by everybody under the doctrine of vicarious liability one person is made liable to the wrong committed by another which is an exception to the general rule that the liability for the wrong lies upon the person who has committed it.
But, criminal law is never vicarious except in cases of statutory liability., like
i) under Arms Act, when the servant of a licensed vendor of arms and ammunitions sells arms to an unauthorized person then the licensee is liable for that sale but not the servant;
ii) in case of public nuisance and neglect of duty.
In civil vicarious liability effectively recognized, but not in criminal law except for certain statutory exceptions.
Vinod Singh Tomar
(Expert) 29 October 2009
I agree with the comments of Theja. Vicariously liability is very much recognised only in civil like law of torts.
