Vicarious Liability Questions and Answers

Q: Joint tort feasers means :

Joint tortfeasors are two or more persons acting in furtherance of common design who cause a single damage.Persons are joint tortfeasors when they act together in pursuance of a common purpose, or where one is vicariously liable for another, so that the same wrongful act and a single damage result. Each is liable for the whole damage, and the injured person may sue any or all of them.A single person causing several damages is simply one tortfeasor. Persons causing different damages at different times are not joint tortfeasors; at most they are separate tortfeasors liable for their own harm. The fourth option again describes only one wrongdoer.

Q: The maxim, "Qui facit per alium facit per se" describes which of the following :

The maxim describes vicarious liability.Qui facit per alium facit per se means 'he who acts through another acts himself'. It is the basis on which a principal is liable for the torts of his agent, and a master for those of his servant committed in the course of employment, even though he did not commit them personally. The related maxim is respondeat superior, 'let the master answer'.Strict liability (Rylands v. Fletcher) and absolute liability (M.C. Mehta v. Union of India) are liability without fault for one's own hazardous activities, not liability for another's act. Contractual liability arises from a breach of contract.

Q: Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below it :Assertion (A) : Master is held liable for the act of his servant done during the course of employment.Reason (R) : He who does an act through another is deemed in law to do it himself.

The answer is (A) is correct and (R) is valid reason for (A).A master is vicariously liable for torts his servant commits in the course of employment. One of the classic justifications is the maxim qui facit per alium facit per se: he who acts through another acts himself. The servant's act in the course of employment is treated as the master's own act.Since the assertion is a settled rule and the maxim is a recognised basis for it, the codes calling (A) incorrect or (R) not a valid reason are wrong. (The other common justification, respondeat superior, points the same way.)

Joint tort feasers means :

A.A single person acting in furtherance of his own will commit multiple damages
B.Two or more persons acting in furtherance of common design cause a single damage
C.Two or more persons acting in furtherance of common design, at a different time cause different damages
D.A single person acting in furtherance of his will, commit tort leads to damages at different time and different jurisdiction

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

Joint tortfeasors are two or more persons acting in furtherance of common design who cause a single damage.

Persons are joint tortfeasors when they act together in pursuance of a common purpose, or where one is vicariously liable for another, so that the same wrongful act and a single damage result. Each is liable for the whole damage, and the injured person may sue any or all of them.

A single person causing several damages is simply one tortfeasor. Persons causing different damages at different times are not joint tortfeasors; at most they are separate tortfeasors liable for their own harm. The fourth option again describes only one wrongdoer.

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The maxim, "Qui facit per alium facit per se" describes which of the following :

A.Strict liability
B.Absolute liability
C.Vicarious liability
D.Contractual liability

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: C

The maxim describes vicarious liability.

Qui facit per alium facit per se means 'he who acts through another acts himself'. It is the basis on which a principal is liable for the torts of his agent, and a master for those of his servant committed in the course of employment, even though he did not commit them personally. The related maxim is respondeat superior, 'let the master answer'.

Strict liability (Rylands v. Fletcher) and absolute liability (M.C. Mehta v. Union of India) are liability without fault for one's own hazardous activities, not liability for another's act. Contractual liability arises from a breach of contract.

Discuss in Forum

Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below it :

Assertion (A) : Master is held liable for the act of his servant done during the course of employment.
Reason (R) : He who does an act through another is deemed in law to do it himself.

A.(A) is correct and (R) is valid reason for (A)
B.(A) is correct but (R) is not valid reason for (A)
C.(A) is incorrect and (R) is also not valid
D.(A) is incorrect but (R) is a valid justification in eye of law

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: A

The answer is (A) is correct and (R) is valid reason for (A).

A master is vicariously liable for torts his servant commits in the course of employment. One of the classic justifications is the maxim qui facit per alium facit per se: he who acts through another acts himself. The servant's act in the course of employment is treated as the master's own act.

Since the assertion is a settled rule and the maxim is a recognised basis for it, the codes calling (A) incorrect or (R) not a valid reason are wrong. (The other common justification, respondeat superior, points the same way.)

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