1. Faculty of law
VICARIOUS LIABILITY
chapter fourteen
7/12/2014

2. Introduction
Basically the person should be held responsible for his own fault.
But there are circumstances where liability attaches to a person for the wrongs committed by others.

3. Vicarious liability
The liability for the tort committed by another arises in three ways:
Liability by ratification
Liability arising out of special relationship
Liability by abetment (amrid ama kaqaybqaadasho)

4. A) Liability by ratification
The liability by ratification arises where the defendant has ratified the particular wrongful act or omission. However, to constitute this liability there are three conditions:
Acts are done at the time on his behalf
Full knowledge of its tortious character
An act which is illegal and void cannot be ratified.

5. B) Liability arising out of special relationship
This liability epitomized in the maxim: “qui facit per alium facit per se” which means he who acts through another acts himself.
Principal and agent (authority)
Partners (course of the business)
Master and servant (superior responsibility/ control)

6. The doctrine of common employment
This doctrine is an exception to the rule of vicarious liability. That a master is not liable for the negligent harm done by one servant to another fellow-servant acting in the course of employment if he able to prove that:
The wrongdoer and the injured person are fellow servant under him, and;
At the time of accident they are engaged in common employment

7. The end
Any questions?