DECODING VICARIOUS LIABILITY IN TORTS

Vicarious liability stands as a cornerstone doctrine in law of torts. It embodies the principle that an employer bears legal responsibility for wrongful acts committed by employees within the scope of employment. This paper examines the doctrine through its theoretical foundations grounded in the maxim respondeat superior. The practical implication of this is spread across three distinct heads of liability: wrongful acts, ratification, and legal relationships. It operates on the premise that those who benefit from another’s work must equally bear the associated risks. This paper elucidates the essential conditions for imposing vicarious liability and analyses the recognised exceptions pertaining to independent contractors. This paper demonstrates how vicarious liability reconciles the competing tensions between personal culpability and organisational responsibility.