Wrong with Wrongful Act? Understanding Vicarious Liability Misconceptions!
torts ap_lawcet beginner myth_bustYou'll find this in most coaching notes, but trust me, it's a mistake - Vicarious Liability is NOT about wrongful act of the principal (employer). It's about the relationship of the principal and agent (employee). The agent's tortious act is a key factor, but the real game-changer is whether the principal had control over the agent. Section 2(6) of the Liability Act, 1984 states that an employer is liable for their employee's actions, but it's the "scope of authority" that matters. So, it's not just about a wrongful act, but how much control the principal had over the agent's actions. In case of independent contractors, it's a different ball game altogether. The famous Lloyds Bank Ltd vs. Bundy case (1979) is a must-read for AP LAWCET aspirants, it'll clear up all the misconceptions.
Vicarious liability ka concept toh bahut hi aasaan hai, lekin kai logon mein uska galti se uthna hai. Sabse bade misconception yeh hai ki employer ko sirf wo galti leni chahiye jiski woh employee ne ki hui ho. Nahi, employer ko uske employee ki har galti ka jawaab dena hoga, chaahe wo galti koi bhi ho. Employer ki responsibility hain, uska jawaab dena hoga.