The Vicarious Liability and Defenses Against It
Rohit Kenge
Ph.D. in Management Studies, PUMBA, Pune University, Nasik.
ABSTRACT
We tried to understand in this study, one of the important to be worthy of attention words in the law field, legal duty for acts of someone or something that has been left out or excluded that is the liability. When a firm or a person fails to achieve that duty, it accounts it/her/him liable to a legal action for all losses/damages caused or law actions to follow as in an act of breaking or failing to observe a law or code of conduct.
Further, we studied tort law can be briefly described as a real law of self-harm/injury. The tort common example, maybe, is carelessness that is, negligently generating harm/ injury to a man or destruction to belongings.
Common exceptions to liability are the directive of exemption which bound the order of liability in a wrongful act. These exemptions are different situations that result in wrongful actions that are not mentioned in a common liability of law.
Vicarious liability also famous as joint responsibility liability is a configuration of an uncompromising, subordinate to a replying senior. It is a liability that emerges below the usual law of doctrine of agency. There are mainly three types of vicarious liability namely the Negligence Act, the Unauthorized Act, and the Criminal Act. We discussed these vicarious liabilities in detail with probable defenses and solutions to them.
We also studied Sovereign functions and they are not accountable/liable activity of the state/country in front of the Law.
Keywords: Liability, tort law, vicarious liability, Sovereign functions, defense/exceptions to liability.