5 Vicarious Liability

Vicarious liability is liability imposed on one person for the tort/wrong of another, grounded not in the answerable person's fault but in their relationship with the wrongdoer. The Latin maxim captures it: qui facit per alium facit per se — he who acts through another acts himself.The two classical relations:1. Master–servant (employer–employee): the employer answers for torts committed by the employee in the course of employment. Rationale: respondeat superior — the employer commands, profits and can insure; the deepest pocket and best loss-spreader bears the loss. The course-of-employment test separates the delivery driver's negligent accident (vicarious liability) from his weekend brawl (none).2. Principal–agent and independent contractors: liability is narrower — generally not liable for an independent contractor's torts, save where the duty is non-delegable (inherently dangerous operations, duties imposed by statute).Heads of vicarious liability traditionally listed: master–servant; principal–agent; owner of vehicle for driver's acts; State/partnership/company for acts of officers done on its behalf. Note the important modern pillar in Nepal: the State's liability for its employees — Nepali law (statutory and constitutional) provides compensation for harm caused by officials acting in the course of duties in defined circumstances — the constitutional compensation rights for torture and illegal detention being prominent examples. This is a favourite area for exam cross-reference with Public International Law (State responsibility — liability of a State…