Faculty of law VICARIOUS LIABILITY chapter fourteen 7122014

Faculty of law VICARIOUS LIABILITY chapter fourteen 7/12/2014 1

Introduction • Basically the person should be held responsible for his own fault. • But there are circumstances where liability attaches to a person for the wrongs committed by others. 2

Vicarious liability • The liability for the tort committed by another arises in three ways: 1) Liability by ratification 2) Liability arising out of special relationship 3) Liability by abetment (amrid ama kaqaybqaadasho) 3

A) Liability by ratification • The liability by ratification arises where the defendant has ratified the particular wrongful act or omission. However, to constitute this liability there are three conditions: 1. Acts are done at the time on his behalf 2. Full knowledge of its tortious character 3. An act which is illegal and void cannot be ratified. 4

B) Liability arising out of special relationship • This liability epitomized in the maxim: “qui facit per alium facit per se” which means he who acts through another acts himself. 1. Principal and agent (authority) 2. Partners (course of the business) 3. Master and servant (superior responsibility/ control) 5

The doctrine of common employment • This doctrine is an exception to the rule of vicarious liability. That a master is not liable for the negligent harm done by one servant to another fellow-servant acting in the course of employment if he able to prove that: a) The wrongdoer and the injured person are fellow servant under him, and; b) At the time of accident they are engaged in common employment 6

The end Any questions? 7