The maxim Respondent superior literary means “let the principal be held responsible”
This doctrine is based on the concept that the principal will be liable for the actions of his agent.
• Principal is one who employs another to act for him subject to his general control & instruction.
• The agent is the substitute or representative of the principle and derives his authority from him.
It is a well-settled principle that the liability of the principal stands for the act done by his agent. However, there is an exception to this principle, if the act in question is not authorized by the principal, even though his agent acted without authorization the principal will not be liable for such act done by his agent. It is clear that this principle is based on the existence of the master-servant relationship.
Master & Servant
Master: One who employs another subjects to certain terms and conditionso work under his lawful order & supervision.
Servant: A servant is any person who works for another for a salary in the eye of the law.
Depending upon the control of master he is said to be servant.
What is to be done and how it shall be done.
Justice Fredrick Pollock has said.
“ I am responsible for the wrongful acts of my servant or agents, because he does my act and therefore it is my duty to see that he must do my act keeping in view the security of other.”
D.K. Basu v. State of West Bengal
In the case of D.K. Basu v. State of West Bengal, the Hon’ble Supreme Court has held while dealing with the custodial death observed that victims on whom the wrong done must be compensated. It is the basic object of the law that everybody wronged must be compensated and get remedy to it. I The Court made it clear that a purposeful remedy can be made available by the law, however, mere declaration of an act of violence in police custody would not be sufficient in a civilized society.
The legal doctrine of Respondent Superior is Latin for “let the master answer.” It places vicarious liability on any third party that had the right, ability, or duty to control the individual who caused a personal injury. Respondent Superior is an integral part of American jurisprudence
Meaning of Vicarious Liability
Webster’s Dictionary, the term Vicar means the person who performs the functions of another, or substitute.
Vicarious liability means liability which is incurred for or instead of another.
Example:- Employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment. This is known as vicarious liability.
Basis of Vicarious Libility
Old view based on two Maxims.
1) Qui facit per alium facit per se.
A person who does an act through another is deemed in law to do it himself.
A person who gets his work done through another is liable for all the consequences from that act.
2) Respondent Superior.
Let the master be liable for the act of his servant.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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