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Liability - Vicarious Liability, Strict Liability, Absolute Liability

 

1. Vicarious Liability

Liability built by relationship of trust

(i) Principal - Agent

Qui Facit per Alium Facit Per se

Act of agent = act of Principal

Act done in ordinary course

 

(ii) Partners

Rule of agency is applicable in both

Hamlen Vs Houston & Co

 

(iii) Master Servant

- Respondent Superior

- Master controls the servant

 

(iv) Independent Contractor

Contractor will be himself liable

e.g. Taxi Driver, Mechanic takes test drive

In case of professional negligence, professional will be liable.

 

 

2. Strict Liability

Liability of defendant for committing an action, regardless of what his/ her intent or mental state was when committing the action.

Rylands Vs Fletcher

Reservoir owned by Reylands. He hired independent contractors, who used weak shafts, rains shats break etc nearly coal block.

Independent contractors not liable

Defendant was J. Blacksun

 

Essentials of Strict Liability

i. Presence of non-natural dangerous thing

ii. Escape of it

iii. Damages caused by it.

 

Defences for strict liability

i. Act of god

ii. Plaintiff the wrong doer

iii. Accident

iv. Volerti non-fit injuria

v. Act of 3rd party

vi. Statutory

 

3. Absolute Liability

M C Mehta Vs Union of India - CJI Bhagwati

Same as strict liability

Except no Defences available.

 

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