Vicarious Liability

Vicarious Liability

June 4, 2022

Vicarious Liability or Doctrine of Vicarious Liability is a term used when one party is considered responsible for an action which is considered unlawful by a third party. Third-Party also has its burden of liability. This term defines a status when one party is held responsible for the third party for his unlawful acts. The first party is accounted as responsible when the third party is not willing to fulfil its responsibility. The first party is always understood responsible for the third party. We should keep in mind that Vicarious Liability is a liability which is more than a law. Vicarious Liability Law can be understood with a few easy examples.

An Employee working for a company in that company makes some fraud on behalf of the company in the market. That Employer will also be considered as responsible. Apart from that, any wrongful act done by the employee inside the company will also make the employer responsible if the victimized employee takes an action against the company. There is another example of this, a storage company’s godown catches fire due to a mistake made by an employee. Now the store owner will be liable to all those who were keeping their goods in the storage company. He has to pay the price and compensate all the users of the storage.

Generally, it is said that if a mistake was done by an employee or any third party then why an employer or first party is held responsible. The answer to the question is very simple. Law cannot ignore the importance and involvement of the main party. Therefore, the burden of responsibility will also be applicable to the first party. The first part is the major decision and responsibility holder.

It’s a legal terminology which is coined by the Law and Courts. It is widely used in Labour and Employment matters. Dependent is made liable in tort, for the unlawful act of an individual. Tort committed by the employee will be up to the employer. The relationship between employee and employer or between the third party and first party puts the responsibility on the employer or the first party.

What is Tort & Vicarious Liability in Tort

Tort Law is created for the situation when one party is injured by another party and the injured party wants to be compensated. Tort is always explained by the Statutory Law of State and Common Law. Generally, the three types of Torts Laws are defined:

  • Intentional Torts – As word described

  • Negligent Torts – Due to Negligence   

  • Strict Liability Torts – Person is responsible for committing an Act

Vicarious Liability Laws are created for the relief and betterment of people. The injured parties or the victim are provided the opportunity by every law in the world to get justice. State provides justice to injured parties against the accused parties, it does not matter how powerful the accused party is in the country. At least in the developed countries and the countries where justice and rule prevail, the community is always protected and secured. Tort Law is one example. Further to this, book the legal appointment, and grab the details from expert Emirati Advocates and Legal Consultants.