Question

LEGAL PRINCIPLE: The master/principal is liable for all acts done by his daily appointed servant/agent for all acts done by him lawfully in the course of his employment.

FACTUAL SITUATION: A had an agency which used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While doing so, B lit up a cigarette and threw it as soon as he saw someone coming down there. The cigarette remaining lit caused a fire and the shed was reduced to ashes. C sued A and B.

Decide.

• A. A is liable as B was his servant.
• B. A is liable as he should have chosen responsible people.
• C. A is not liable as B's act was not an authorized act.
• D. A is not liable but B is liable.

Answer 1

Answer: (A)

A is liable as B was his servant.

Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently. It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. In the above situation, since B being a servant committed the act in the course of the employment, he will be held liable.