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Mallika k v   26 January 2021

Vicarious liability

How is vicarious liability applicable for partners and partnership firm? How will the firm be held vicariously liable for any acts committed by the partners? Aren't the partners at fault for their wrong doings?


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 1 Replies

Nandini Warrier   29 January 2021

Good evening,

The principal of vicarious liability talks about liability of one person, for the act someone else committed, provided that there is a relationship between the two people during the commission of the act. For example, if A committed an act, B can be held liable if there's a relationship between A and B, and if they had together planned the act. 

(Refer for more on vicarious liability as a topic- https://www.lawyersclubindia.com/forum/defination-of-vicarious-liability-14061.asp)

A partnership firm is a type of business in which a group of people, also known as partners, come together. They establish their own firm and provide services and products through it, and each partner acts on behalf of other partner or on behalf of partnership. Hence, a partnership can be held vicariously liable for negligence committed by a partner. All partners are held liable for the wrongdoing of one partner of a business firm to the same extent as the guilty partner. If any one of the partners commits an act causing breach of contract, it is a violation that all partners will be held liable for, since they could have prevented the violation. 

Hope this helped!

Regards,

Nandini


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