VICARIOUS LIABILITY & CRIMINAL LAW
Introduction
Concept of vicarious liability
Elements of Vicarious Liability of an Employer
Example of Vicarious Liability
Conclusion
Introduction:
In cases of vicarious liability, one person is held liable for the criminal actions of another. An example of vicarious liability is when an employer is held liable for the action of one of his employees. Vicarious liability cases usually involve an employer incurring criminal liability for her employee's actions.
Vicarious liability, sometimes referred to as "imputed liability," is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. Vicarious liability most commonly comes into play when an employee has acted in a negligent manner for which the employer will be held responsible
Concept of vicarious liability:
Vicarious liability, also known by the Latin term "respondeat superior," is the holding of a person or entity responsible for damages or harm caused by someone else. Most commonly thought of in employee-employer relationships, it applies in other situations in which a person or entity holds a superior position to an agent.
Elements of Vicarious Liability of an Employer:
The primary element of vicarious liability that must be proven is:
The agreement the employee entered into as a condition of employment required the employee to work under the authority of the employer.
Additional elements of vicarious liability require the employer to have control over the employee, and the actions of the employee to have fallen within the scope of his employment at the time of the incident.
Example of Vicarious Liability:
A hires B as a forklift operator. While moving a large crate to the customer loading zone, B hits a customer's car, damaging it. B was engaged in the duties required by his employment, therefore A can be held vicarious liable for the damages.
Selling alcohol to minors. In some jurisdictions, the employee's act of disobeying this order, whether voluntary or involuntary, will transfer criminal liability to the employer, incurring fines and possibly even jail time.
Principal and Agent: Principal, in this case, is a person who authorizes someone to act on his/her behalf. While the other who is advised to act accordingly is called as the agent. It is always stated that the principal is stated liable for any act by his agent. It is important that the act is authorized by the principal for him to be held liable. The authority that principal acts can be in the form of implication or expressed.
Master and Servant: In this case, the general rule is that the master is liable for all sorts of acts that are authorized by him. Also, it is included that the acts are done by the servant at the time of his/her employment.
