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Vicarious Liability is a type of strict liability where a person is held to be responsible for torts committed by someone else even though he himself is not at fault
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Vicarious Liability is a type of strict liability where a person is held to be responsible for torts committed by someone else even though he himself is not at fault. At its early stage in the early English Law, vicarious liability used to hold a master responsible for all of his servant's wrongs. The master's liability could be justified by reference to the Latin maxim "qui facit per alium facit per se"1. Due to the increasing hazards arising from the modern industry and the assumption that a master could exercise a closer control over his servants necessitated a wider range of responsibility. By the early 19th century2, the basis of the modern principle was finally laid down holding an employer liable for all torts committed by the servant "in the course of employment". In Imperial Industries Ltd v Shatwell3 Lord Pearce pointed out that the doctrine is based on...
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