Vicarious Liability
Liability imposed on a person for the wrongful acts of another person � typically an employer for the torts of an employee.
Full Definition
Vicarious liability makes one person (the principal) liable for the wrongful acts of another (the agent) where a special relationship exists � employer-employee, principal-agent, or partner-partner. The key tests: (1) Did the relationship exist at the time of the tort? (2) Was the negligent act committed in the course of employment? Frolic (acts outside the scope of employment for personal purposes) breaks the causal link.
In Indian Law
India applies the common law doctrine of vicarious liability in tort. In state liability cases, the Supreme Court in State of Rajasthan v. Vidhyawati (1962) held the state is vicariously liable for tortious acts of its servants. However, in Kasturilal Ralia Ram Jain v. State of UP (1965), the Court limited this to acts in private (not sovereign) capacity. This 'sovereign immunity' distinction has been progressively eroded.