Vicarious Liability

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  • Topic: Tort law, Tort, Vicarious liability
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  • Published : April 16, 2013
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submitted to prof. manjula batra|
LAW OF TORTS PROJECT|
VICARIOUS LIABILITY|
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SUBMITTED BY:VAIBHAV PRATAP SINGHFIRST SEMEMSTER, 2012BA., LL.B. (HONS.)|

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ACKNOWLEDGEMENT

I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour, first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her helping disposition are where all of this stemmed from. Next, I would thank my seniors in the faculty who gave us guidelines as to how to go about the research. These are the people who were always there with me in the making of this project. Heartfelt thanks to all the above-mentioned people.

INDEX OF AUTHORITIES

Books and Journals referred:
1. Salmond, Torts, 18th Ed
2. HOLMES Common Law, pp. 179 (180)
3. The Law of Torts by Ratanlal and Dhirajlal
4. Law of Torts by Dr R. K. Bangia
5. Law of Torts by B.M.Gandhi
Websites referred:
1. www.legalserviceindia.com
Cases:
1. Brook v. Hook (1871) LR 6 Ex 89
2. Keighly Maxsted & Co. v. Durant (1901) AC 240 p.260 : 84 LT 777 (HL) 3. PER LOCH, J., in Rani Shamasundari Debi v. Dukhu Mandal (1869) 2 Beng LR (AACJ) 227 (229) 4. Bird v. Brown (1850) 4 Ex 786 (799); Buron v. Denman (1848) 2 Ex 167 5. Baxi Amrik Singh v. The Union of India (1973) 75 P.L.R. 1 at p.7 6. Imperical Chemical Industries Ltd. V. Shatwell (1965) AC 656 (685) 7. Stevenson Jordan and Harrison v. MacDonald and Evens (1952) 1 TLR 101 8. Morgan v. Incorporated Central Council (1936) 1 All E.R. 404 9. Govindarajulu v. M.L.A. Govindaraja Mudaliar A.I.R. 1966 Mad. 332 10. Rylands v. Fletcher (1868) L.R. 3 H.L. 330

11. Manganbhai v. Ishwarbhai A.I.R. 1984 Guj. 69
12. Barwick v. English Joint Stock Bank (1867) L.R. 2 Ex. 259 at 266 13. National Insurance Co., Kanpur v. Yogendra Nath AIR 1982 All. 385 14. Storey v. Ashton (1869) L.R. 4 Q.B. 476
15. State Bank of India v. Shyama Devi AIR 1978 SC 1263
16. William v. Jones (1885) 3 H & C 602
17. Century Insurance CO. v. Northern Ireland Road Transport Board (1942) A.C. 509 18. Secretary of State v. Rukminibai AIR 1937 Nag. 345
19. Governor General in Council v. Constance Zena Wells AIR 1950 PC 22 20. Mersey Docks v. Coggins & Griffith [1946] 2 All ER 345, HL 21. Cassidy v. Ministry of Health [1951] 1 All ER 574, CA 22. Ready‐Mixed Concrete v. MPNI [1968] 1 All ER 433

23. O'Kelly v. Trust House Forte [1983] 3 All ER 456, CA
24. Nethermere v. Gardiner [1984] ICR 612, CA
25. Phillips v. Hyland [1987] 2 All ER 620, CA
26. Diocese of Southwark v. Coker [1998] ICR 140, CA
27. Carmichael v. National Power [1999] 4 All ER 897, HL
28. Poland v. Parr [1927] 1 KB 236, CA
29. Century Insurance v. Northern Ireland Road Transport [1942] AC 509, HL 30. Hudson v. Ridge Manufacturing [1957] 2 All ER 229
31. Mattis v. Pollock [2003] 1 WLR 2158

CONTENTS

* Introduction
* Types of Liabilities
* Liability by Ratification
* Liability by Special Relation
* Case laws
* Latest/Recent Judgment
* Conclusion

INTRODUCTION
The general rule in tort law is that liability is personal, i.e., liability is generally linked to a breach of one’s own duty and a person is liable for the wrongs committed by him only. However, in certain scenarios, the law makes one person being liable for the harm caused by another, because of some legally relevant relationship between the two. This is known as the doctrine of vicarious liability. The doctrine of vicarious liability generally operates within the law of torts. It has become well-established in English law and historically has been called Master and Servant liability. Vicarious liability means liability which is incurred for or instead of,...
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