Liability of Vicarious Liability in Tort
torts general advanced mcq_helpA company, ABC Ltd, employed a driver who collided with a pedestrian while driving a company vehicle. The pedestrian suffered severe injuries, was hospitalized for weeks, and incurred huge medical expenses. The driver is insolvent. The pedestrian sues ABC Ltd. Will ABC Ltd be liable for the damages?
A) No, since the driver was driving on his own time and not as per company duties B) Yes, but only for the medical expenses since the driver was not at fault for the accident C) Yes, as ABC Ltd is vicariously liable for the driver's negligence D) Yes, but only if the driver was driving recklessly and ABC Ltd had knowledge of it
My stupid guess was A) No, because 'driver's personal time' wala logic. What's your take?
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Bhai, just wanted to clarify, vicarious liability is not a tort per se, rather an extension of liability. Employer is liable for employee's actions, but it's more about respondeat superior. It's a common law concept where one person is held responsible for the actions of another. In India, it's also applicable under Indian Contract Act, 1872.