Practical Understanding of Vicarious Liability

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In our internship at a civil court in Delhi, our supervisor once took us through the judgment of M. Narasimham vs. K. Sreedher (2003) 4 SCC 758. I've read about vicarious liability in textbooks, but the nuance of it all came through when I saw a case where a bus conductor was found liable for the negligence of the driver. The SC held that a master-servant relationship can be inferred even if the driver is appointed on a contract basis. What caught my attention was the court's emphasis on the 'power to control' test - that if A has the right to direct B as to how to behave, A is the master. It's not just about the contractual relationship, but actual control over the agent's actions.

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Sangeeta ยท Judiciary Aspirant

"Yeh concept of Vicarious Liability bahut hi jatil hai. Mera teacher sir kehti hai, isme aadhaar aapke prabhavshaali hain, jaise company ka karya aur majbooriya. Mere liye, yeh shauk ke khilaaf hai. Ek example hai, employer ko pehle job pe employee ke actions ke liye jimmewar rakhna.