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.)

Q: The doctrine of 'Vicarious liability' applies when there is

The answer is All of the above.Vicarious liability makes one person liable for a wrong committed by another because of the relationship between them. The standard relationships are principal and agent (for acts in the course of the agency), master and servant (for acts in the course of employment), and partners, since a firm is liable for wrongful acts of a partner in the ordinary course of its business (Section 26 of the Indian Partnership Act).Each single option names one of these relationships, so none of them is complete on its own.

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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The doctrine of 'Vicarious liability' applies when there is

A.relationship of principal and agent
B.relationship of master and servant
C.relationship of partnership firm and partners
D.All of the above.

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: D

The answer is All of the above.

Vicarious liability makes one person liable for a wrong committed by another because of the relationship between them. The standard relationships are principal and agent (for acts in the course of the agency), master and servant (for acts in the course of employment), and partners, since a firm is liable for wrongful acts of a partner in the ordinary course of its business (Section 26 of the Indian Partnership Act).

Each single option names one of these relationships, so none of them is complete on its own.

Discuss in Forum

Which one of the following is not an example of vicarious liability ?

A.Liability of the principal for the tort of his agent.
B.Liability of partners for each others' tort.
C.Liability of the master for the tort of his servant.
D.Liability of the parents for the tort of the children.

Exam Year(s)

UGC NET - 2012,

Answer: D

The liability of parents for the torts of their children is not an example of vicarious liability.

Vicarious liability arises from a relationship in which one person is answerable for the wrong of another, as with a master and servant, a principal and agent, or partners acting for the firm. In each of these the wrongdoer acts for the person held liable.

Parents are not liable merely because the wrongdoer is their child. They are liable only for their own negligence, for example in failing to control a child who they know is dangerous. So the other three are examples of vicarious liability and the fourth is not.

Discuss in Forum

Which of the following ingredients are essential to make master liable for the acts of the servant ?

(1) Tort was committed by the servant.
(2) Tort was committed in the course of employment.
(3) Express authority was given by master.
(4) Master has knowledge of all constituent offers of tort.

A.1, 2, 3
B.1, 2, 4
C.3, 4
D.1, 2

Exam Year(s)

UGC NET - 2012,

Answer: D

The essentials for making a master liable for the acts of his servant are that the tort was committed by the servant and that it was committed in the course of his employment, so (D), items 1 and 2, is correct. This is vicarious liability, which rests on the relation of master and servant and on the act being within the scope of employment, even if it was done in a wrongful way. Item 3, express authority from the master, is not needed, since the master may be liable even where the act was forbidden. Item 4, knowledge by the master of all the constituents of the tort, is not needed either. Options (A), (B) and (C) include one or both of those items.

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