Skip to main content

Vicarious liability and it's application

  • Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.
  • Vicarious liability is a form of a strictsecondary liability that arises under the common law doctrine yof agencyrespondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability.The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee 
  • Employers' liabilit:
  • Employers are vicariously liable, under the respondeat superior doctrine, for negligent acts or omissions by their employees in the course of employment (sometimes referred to as 'scope and course of employment').To determine whether the employer is liable, the difference between an independent contractor and an employee is to be drawn. In order to be vicariously liable, there must be a requisite relationship between the defendant the tortfeasor, which could be examined by three tests: Control test, Organisation test and Sufficient relationship test. An employer may be held liable under principles of vicarious liability if an employee does an authorized act in an unauthorized way.
  • Employers may also be liable under the common law principle represented in the Latin phrase, qui facit per alium facit per se (one who acts through another acts in one's own interests). That is a parallel concept to vicarious liability and strict liability, in which one person is held liable in criminal law or tort for the acts or omissions of another.
  • The owner of an automobile can be held vicariously liable for negligence committed by a person to whom the car has been lent, as if the owner was a principal and the driver his or her agent, if the driver is using the car primarily for the purpose of performing a task for the ow
  •  
  • ner. Courts have been reluctant to extend this liability to the owners of other kinds of chattel. For example, the owner of a plane will not be vicariously liable for the actions of a pilot to whom he or she has lent it to perform the owner's purpose.
  • One example is in the case of a bank, finance company or other lienholder performing a repossession of an automobile from the registered owner for non-payment, the lienholder has a non-delegable duty not to cause a breach of the peace in performing the repossession, or it will be liable for damages even if the repossession is performed by an agent. This requirement means that whether a repossession is performed by the lienholder or by an agent, the repossessor must not cause a breach of the peace or the lienholder will be held responsible.


Comments

Popular posts from this blog

FG apologizes for given false information on the news that went viral about president tinubu being the first president to ring the NASDAQ Bell.

find other interesting articles via a click. The Federal Government has offered an apology for its erroneous claim that President Bola Ahmed Tinubu was the first African leader to ring the closing bell of NASDAQ. Tinubu had rung the bell on Wednesday alongside other business leaders, including Abdul Samad Rabiu, the chairman of BUA Group. In a statement issued by Tinubu’s spokesperson, Ajuri Ngelale, he admitted that the error was made based on information provided by a third-party event organiser. The presidency expressed regret for the mistake and apologised for misleading the public. KINDLY find the  ERROR message here as shared in his Twitter account page.   pic.twitter.com/GUVajv3baG — Ajuri Ngelale (@AjuriNgelale)  September 22, 2023                  Ajuri Obari Ngelale   Ajuri Ngelale is a Nigerian broadcast journalist and politician currently serving as presidential spokesm...

The Executive team of Otu Oka-iwu Abuja paid courtesy visit to one of the founding fathers of Otu-Okaiwu Abuja, Chief Ikechukwu Ezechukwu SAN, attended by some Stakeholders of Otu Oka-iwu Abuja, for His Contributions to the growth of Igbo Lawyers in Abuja.

k The executive team of Otu-Okaiwu Abuja led by Chief Chidi Udekwe Esq, on Friday, 21st of June, 2024 paid a courtesy visit to one of their founding fathers and expressed their heartfelt appreciation for Chief Ikechukwu Ezechukwu SAN , for his invaluable contributions and unwavering support towards the growth and development of Otu-Okaiwu Abuja. The executive team commended Chief Ezechukwu's role as a guiding light, emphasizing his wisdom and guidance in shaping the organization. During the meeting, the president of otu-okaiwu Abuja, Chief Chidi Udekwe, addressed various concerns and challenges faced by Igbo lawyers in Abuja. In his remarks, Chidi Udekwe highlighted crucial issues, including: hosting of meeting, young lawyers' welfare, and the need for enhanced career opportunities for members. At the meeting, Exco and stakeholders present were astonished by the comments of Learned Silk, Chief Ikechukwu Ezechfukwu SAN, on the history, reason and how the ...

Public and private schools in Lagos State to resume on Monday, 18th of January, 2021.

The Lagos State Government has re- affirmed it's Earlier pronouncement on resumption date for opening of schools for both private and public school. The state Government made this known in a pos on their twitter account yesterday the 15th of January, 2021. The according to the information we got from the source, schools will resume on Monday, the 18th of January, 2021 for the second term of 2020/2021 academic session. The media director has this to say; The Lagos State Government has reaffirmed its earlier pronouncement that all public and private schools in Lagos State below tertiary level should resume on Monday, 18th January, 2021 for the second term 2020/2021 academic session. @jidesanwoolu @lasgeducation @hc_education #LASG https://t.co/IGbPQIVvmV. This is in line with the federal government directives on school resumption date scheduled for 18th January, 2021. Which is the same with schools in the South Eastern part of the country.

tribunal orders a rerun in ideato North federal constituency election held on 25 February, 2023.

Tribunal sitting over ideato North/south Federal Constituency election, nullifies the election of Ugochinyere of peoples democratic party (PDP), Held on 25th February, 2023. In a unanimous decision on Sunday, a three-member panel of the tribunal which conducted its proceedings in Nasarawa State, held that Ugochinyere was not validly nominated by the PDP to contest the Ideato North/South Federal Constituency election that held on February 25. In its lead judgement, delivered by its Chairman, per Justice Anthony Olotu Akpovi, the tribunal specifically directed the electoral body to conduct the supplementary poll in 55 polling units where elections did not hold on February 25. The tribunal however,  ordered the Independent National Electoral Commission, INEC, to conduct a supplementary election in the constituency within 90days. It held that the PDP and its candidate should be excluded from the supplementary election. join our Whatsapp desk via Log in to  primsol.lawp...
Welcome everyone to this beautiful season of Christmas  .  My prayer is that the good lord will continue to protect us in all our efforts in life and may our expectations never be cut short. Happy New Year to you my dear. May you have a blissful and fruitful new year.  I want to appreciate you for making out time to read this post.  Lets talk on the principle and legal implication of a third party practice in Nigeria. Who is a third party? A third party is a person who is responsible to another persons act in tort or liable to a damage caused by another . Example a: Where Mr A. Insures his car against accident and Mr A causes damage to the car owned by Mr B. Mr B will hold mr A for the act but because Mr A. Insured his car against accident, he will hold the insurance company to indemnify Mr B. Example b: Where an employee of a banks does a wrong to a customer, the bank will be held liable for the act of the employee . * What are the circumstances that ...

Nigerian Army DSSC 28/2024 Recruitment: Apply Now for a Promising Career

The Nigerian Army has announced the commencement of the online application for the Direct Short Service Commission Course (DSSC) 28/2024. This article provides detailed information on the application process, required documents, and important dates for aspiring candidates. The DSSC offers a unique opportunity for individuals to pursue a fulfilling and rewarding career in the Nigerian Army. Application Process: To apply for the DSSC 28/2024, interested candidates must follow the steps outlined below: How to apply recruitment.army.mil.ng 1. Visit the Nigerian Army webpage at recruitment.army.mil.ng and select the DSSC option. 2. Read the qualification criteria for the ongoing DSSC courses. 3. Click on the "Apply Now" button for the DSSC, based on your qualification and Corps of choice. 4. Choose the appropriate option if you have served or are currently serving in the Armed Forces of Nigeria. 5. Create an account by clicking on "Sign Up" or log...

COPA Lagos beach soccer tournament thrills with potpourri of shows

COPA Lagos thrills with potpourri of shows •The crowd at COPA Lagos This year’s edition of the annual COPA Lagos show which took place at the Eko Atlantic City has taken art and entertainment a notch higher in Nigeria, having treated revelers to a variety of high profile shows. It was the best of time for fun seekers who were treated to an international football match, a runway show of local designers with Nigerian Beachwear 2017 collection and a series of musical performances featuring some of the best of Nigerian artistes. At the event which had in attendance notable dignitaries including the Governor of Lagos State, Mr. Akinwunmi Ambode, the crowd was full of merry and cheers for the performers. The day had begun with a thrilling beach soccer match between Enyimba FC beach soccer team and the Pepsi Football Academy. Next was a celebrity match between Team Dbanj and Team Victor Ikpeba. Team Dbanj included Peter Okoye of P-Square, Samson Adamu, CEO of Kinetic Sports,...

Otu-Okaiwu Abuja Executive Pays Courtesy Visit to Dr. Sam Amadi

The executive members of Otu-Okaiwu Abuja, a prominent Igbo association, paid a courtesy visit to Dr. Sam Amadi, a well-known public analyst and constitutional lawyer. The purpose of the visit was to extend gratitude to Dr. Amadi for delivering a highly impactful lead speech at the Igba Boyi Endowment launch, which has had a lasting impact on the association's members. During the meeting, the association's executive members informed Dr. Amadi that they have received several applications for the implementation of the Endowment program. In response, Dr. Amadi expressed his unwavering support and commitment to actively participate in the association's activities. He also provided recommendations for programs aimed at fostering the growth and development of the association's members. The president of Otu-Okaiwu Abuja took the opportunity to update Dr. Amadi on the association's current positions and wish list. After thorough discussions, the asso...

SSANU, NASU strike: FUOYE, union trade blames over death of asthmatic student

Federal University at Oye-Ekiti (FUOYE) has tragically lost a student, and the management is blaming the Senior Staff Association of Nigeria Universities (SSANU) for their insensitivity. The student, who was asthmatic, was unable to receive treatment due to the ongoing strike that led to the closure of the university's health center. This incident has raised concerns about the impact of strikes on student welfare. The Vice Chancellor, Prof. Abayomi Fasina, expressed his disappointment with the actions of the SSANU members and warned that such behavior would not be tolerated in the future. He alleged that hoodlums, in collaboration with SSANU members, had infiltrated the university and shut it down based on false information. Fasina emphasized that the FUOYE management would not tolerate a breakdown of law and order under the guise of a strike. Fasina's statement revealed the unfortunate circumstances surrounding the student's death. The inability to access medic...

OTU Oka-iwu Abuja Branch Congratulates Mrs. Ezinwa Okoroafor on Historic Election

The OTU Oka-iwu Abuja Branch is thrilled to extend its warmest congratulations to Mrs. Ezinwa Okoroafor on her remarkable election as the International President of the International Federation of Women Lawyers (FIDA). This achievement is a resounding testament to her unwavering dedication, exceptional leadership, and unrelenting commitment to FIDA, its members, and its noble mandate. On behalf of Otu Oka-iwu Abuja, Chidi Udekwe, President of Otu Oka-iwu Abuja , warmly congratulates Mrs. Ezinwa N. Okoroafor on this remarkable achievement as the newly elected International President of the International Federation of Women Lawyers (FIDA).  " Mrs. Okoroafor's elevation to this esteemed position is a significant milestone, not only for her but for women everywhere. Her tireless efforts to promote gender equality, advocate for women's rights, and empower women lawyers have been instrumental in shaping FIDA's success. As International President, we are confident...