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  • Read the following passage and answer the question. Since ancient times, it is the rule that a person should be held liable for his own mistake. In the words of Plato: q

Read the following passage and answer the question.

Since ancient times, it is the rule that a person should be held liable for his own mistake. In the words of Plato: "a person should be held for his own sins". But, in the thirteenth century, in England, it was for the first time, established that the master would be liable for his servant's or slave's torts only when there is an express command of the master to the servant's wrong.

By the end of the 17th century, this concept of liability was found inadequate due to the rise in commercial transactions. A new development took place when Sir John Holt, in the case of Tubewille v Stamp (1697), held that "the master would be liable for his servant's tort if he had given his implied command". There is a maxim 'qui facit per alium facit per se' which means 'he who does an act though another is deemed in law to do it himself, on which the vicarious liability of principal for the tort of his agent is based. Usually, a person is liable for his tortious acts. But if he shares certain types of relationships with another person, that person might be liable for the wrongful act.

A principal is vicariously liable for the tort of his agent committed within the course of his authority. An agent is a person who, otherwise than as a servant and otherwise than as an independent contractor, whether by way of contract or only by way of request, conducts some business or performs some act or series of acts on behalf of another, i.e. principal. The liability of the master for the tort which has been committed by his servant is based on the maxim 'respondent superior' i.e. superior is responsible. In law, it is established that he who employs another to do something does it himself, or he who does an act through another is deemed in law to do it himself.

Question :

Hari hired X to help him with household chores. Hari asked X if he needed his clothes washed and ironed. X didn’t know how to operate the washing machine and due to this electricity supply of the whole locality got disrupted for 2 days. The neighbours claimed damages, according to the passage given to decide who will be liable to pay damages.

Option: 1

X is responsible because he did the task even though he had prior knowledge that his act can cause damage


Option: 2

 

Hari is the master and therefore Hari is responsible for the damage caused by his servant


Option: 3

Nobody is responsible as this is a case of negligible inconvenience


Option: 4

Hari is responsible because keeping house-help is against moral values


Answers (1)

best_answer

According to the given facts Hari being the principal will be held liable. As per the principle of vicarious liability, he who does an act through another is deemed in law to do it himself and respondent superior Hari is liable to pay damages to her neighbors.

Posted by

Ritika Harsh

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