Question

LEGAL PRINCIPLE : Master/Principal is vicariously liable for the tort committed by an servant/agent, in the performance of his duties as an servant/agent.

FACTUAL SITUATION : The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized for the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation.

In this case, compensation is _________________.

• A. Payable as there is misappropriation by the servants of the State
• B. Payable due to the fact that police constable has escaped to a foreign country
• C. Payable by the police constable himself and not by the State
• D. Not payable as the act was committed in discharge of sovereign function

Answer 1

Answer: (D)

Not payable as the act was committed in discharge of sovereign function

• Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In the field of Torts it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per se per alium facit per se, which means, “He who does an act through another is deemed in law to do it himself”.
  
• In case of state, it is liable for all the acts of its agents unless it is discharge of sovereign functions. Sovereign functions are those actions of the state for which it is not answerable in any court of law. For instance, acts such as defence of the country, raising and maintaining armed forces, making peace or war, foreign affairs, acquiring and retaining territory, are functions which are indicative of external sovereignty and are political in nature. Therefore, they are not amenable to jurisdiction of ordinary civil court. The State is immune from being sued, as the jurisdiction of the courts in such matters is impliedly barred.
  
• In the present matter, the act, which gave rise to the present claim for damages, has been committed by the employee of the respondent during the course of its employment. Also, that employment belonged to a category of sovereign power. This removes any liability on the part of the state.